AKIVA PROJECTS TERMS AND CONDITIONS 2023

 
  • 1. Definitions

    a. Company: Akiva Projects Ltd, a registered company operating under the laws of the United Kingdom.

    b. Client: Any individual, business, or organisation engaging in the services provided by the Company.

    c. Site Visit: Refers to the physical inspection or consultation carried out by the Company at the location specified by the Client.

    2. Site Visit Fees

    a. The Client agrees to pay a non-refundable site visit fee as per the rates specified by the Company before the scheduled site visit.

    b. The site visit fee covers the cost of the Company's representative visiting the specified location and providing consultation services as agreed upon.

    3. Payment

    a. Payment of the site visit fee is due in advance of the scheduled site visit date.

    b. Payment can be made through the payment methods accepted by the Company, including but not limited to credit/debit cards, electronic funds transfer, or other payment methods specified by the Company.

    4. Cancellation and Rescheduling

    a. The Client may cancel or reschedule a site visit by providing written notice to the Company at least 24 hours before the scheduled visit date.

    b. Failure to provide sufficient notice may result in forfeiture of the site visit fee.

    5. Refunds

    a. The site visit fee is non-refundable, except in cases where the Company cancels the site visit due to unforeseen circumstances. In such cases, the Client will be entitled to a full refund.

    6. Scope of Service

    a. The Company will perform the site visit and provide consultation services as agreed upon in writing between the Company and the Client.

    b. Any additional services requested by the Client during the site visit, not covered by the initial agreement, will be subject to additional charges.

    7. Liability

    a. The Company shall not be liable for any damages, losses, or expenses incurred by the Client during or after the site visit.

    b. The Client acknowledges that the Company is covered under public liability insurance, and any damages caused by the Company to the property during the site visit will be covered under this insurance policy. The Client agrees to report any damages promptly to the Company for necessary actions.

    c. The Client is responsible for ensuring the safety and security of the site and its occupants during the visit.

    This revision clarifies that the Company's liability for damages caused to the property during the site visit is covered under the public liability insurance policy, providing assurance to the Client while emphasising the Client's responsibility for site safety. Please make sure to consult with a legal professional to ensure that this statement aligns with the terms of your insurance policy and local regulations.

    8. Governing Law

    a. These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom.

    b. Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

    9. Changes to Terms and Conditions

    a. The Company reserves the right to modify, amend, or change these terms and conditions at any time without prior notice. The Client is responsible for reviewing the terms and conditions periodically.

    By engaging in our services, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.

  • 1. Introduction

    1.1 These terms and conditions ("Terms") outline the agreement between Akiva Projects Ltd ("we", "us", or "our") and the client ("you" or "your") for providing measured surveys of your home.

    2. Scope of Service

    2.1 We will conduct a measured survey of your home to create accurate floor plans, elevations, and other necessary measurements for design purpose according to the products and services you purchased

    2.2 It is essential that each room or space scheduled for measurement is clear of any obstructions, including but not limited to furniture, clutter, or any other items that may prevent accurate measurements from being taken.

    3. Client Responsibilities

    3.1 You agree to ensure that each room or space to be surveyed is accessible and free of obstructions on the scheduled survey date and time.

    3.2 If any room or space is inaccessible or obstructed at the time of the survey due to your actions, we reserve the right to charge an additional fee for rescheduling the survey.

    4. Accuracy and Limitations

    4.1 While we strive for precision, please note that measurements may have slight variations due to the nature of the survey process.

    4.2 The measurements and plans provided are intended for design purposes and do not replace official surveys or legal documents.

    5. Payment and Cancellation

    5.1 Payment for the measured survey service is due in advance of the scheduled survey date.

    5.2 Cancellation or rescheduling requests must be made at least 48 hours before the scheduled survey date. Failure to provide sufficient notice may result in a cancellation fee.

    6. Usage of Survey Data

    6.1 The survey data, including floor plans and elevations, will be provided to you for your personal or business use related to the design project.

    6.2 You agree not to distribute, sell, or otherwise share the survey data with any third parties without our written consent.

    7. Liability

    7.1 We shall not be liable for any damages, losses, or expenses incurred by you or any third parties due to inaccuracies in the survey data provided, unless such inaccuracies result from gross negligence on our part.

    7.2 Our liability is limited to the fees paid by you for the measured survey service.

    8. Governing Law

    8.1 These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.

    8.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

    By engaging in our measured survey service, you acknowledge that you have read, understood, and agreed to these terms and conditions.

  • Client Responsibilities

    3.1 You have the option to provide us with measurements for your home. In such cases, we cannot be held responsible for the accuracy of these measurements. We will, however, do our best to identify and highlight any potential inaccuracies. If discrepancies are noted, we may ask you to re-measure the specific areas in question.

    3.2 You are fully responsible for ensuring that any measurements you provide are accurate and complete. This includes but is not limited to highlighting the positioning of permanent obstacles, electrical sockets, switches, pipework, and any other relevant features within your home.

    3.3 It is crucial to accurately communicate the placement and dimensions of any permanent features that could affect the design process. Failure to do so may result in design elements not aligning with the physical layout of your space.

    This clause emphasises the homeowner's responsibility for the accuracy of the measurements they provide and highlights the need for clear communication regarding permanent obstacles and features within the home.

  • 1. Duties of Supplier

    1.1 In consideration of the payment by the Customer of the Price and subject to the terms and conditions of this Agreement, the Supplier agrees to:

    1.2 Be reachable via provided methods of contact during the hours of Monday-Friday 9am-5pm excluding bank and public holidays.

    1.3 Develop and deliver the design, mood board, 2D plans and elevations depending on the products and services purchased. Renders will be provided on request and receipt of additional payment.

    1.4 Advise the Customer in relation to the Design and keep them updated at least once per week.

    1.5 Provide one revision on any 2D stage of the design and advise of any additional costs for further revisions.

    1.6 Advise the client of additional costs to develop 3D Renders if requested, charged by fixed pricing depending on the level of render requirements.

    1.7 Notify the customer if at any time their appointed designer or other Akiva team members involved in their enquiry are not available and keep them updated with any further developments.

    1.8 Maintain adequate and appropriate professional indemnity insurance cover.

    1.9 Acknowledge that Akiva Projects are interior designers, not architects. Clients are advised to seek professional advice from a certified architect and, if necessary, a structural engineer before proceeding with any building works. Approval by relevant authorities must be obtained prior to any building works commencing. Upon approval by relevant third parties (e.g., local authorities and other regulators), Akiva will be relieved of any responsibility or need for indemnification (including for negligence) if the designs are found not to comply with any regulation at a later stage. Should any designs be rejected in any compulsory approval process for the works to comply with any regulation, Akiva must be given the opportunity to revise the drawings to comply with any compulsory modification. Failure to do so removes any subsequent liability towards Akiva and their designers.

    2. Duties of Customer

    2.1 The customer shall share their personal contact details, any third party contact details, property floor plans, inspiration, building management contact details, budgets, property photographs, images, moving images, and other materials to aid the design process.

    2.2 The customer shall be reachable at all times during the work phase or advised when they will not be available (e.g., on holiday).

    2.3 The customer shall pay any invoices outstanding within 48 hours of receiving the invoice, understanding that work cannot commence or continue until payment is received.

    2.4 In relation to remote working where the customer provides measurements, the customer is fully responsible for those measurements; therefore, the supplier is not liable for any costs incurred due to incorrect measurements.

    3. Pricing and Payments

    Akiva Projects operates on a per-room basis and offers both on-site and remote Interior Design Services.

    3.1 On-site Interior Design Services

    To schedule a site visit, clients must pay a fee of £195.00 plus VAT. The client has the right to cancel any site visit and receive a full refund with a minimum of 24 hours' notice. Cancellations within 24 hours are non-refundable. If our designer arrives, and there is no access, the original £195 plus VAT will not be refunded. If a measured survey is requested or accepted during the site visit, the initial deposit will not be refunded and will be considered the charge for the survey and visit.

    3.2 Remote Interior Design Services

    The supplier will provide an online questionnaire to establish client needs.

    A designer will be recommended based on the questionnaire responses.

    The customer can attend an online meeting with the selected designer.

    A formal quotation detailing required products/services will be sent after the online meeting.

    The customer has 14 days from the initial payment to cancel any services offered. Refunds depend on the design process progress.

    4. Design Packages

    Akiva Projects offers three separate stages in their design packages, including one mood board, one set of 2D drawings with two revisions, and a purchase list detailing selected fixtures, furniture, and equipment. Approval of the 2D stage is required before creating shopping lists. A room or space is given up to 3 weeks allowance for completion, this is when the project naturally comes to a close.

    If revisions exceed the allowed limit, additional time is charged by the hour.

    5. Additional Services

    5.1 Procurement Services

    Akiva Projects offers procurement services for an additional cost. All receipts will be retained for 1 year for replacements, refunds, or warranty claims.

    5.2 Personal Shopper Experience

    For an additional cost, Akiva Projects offers a Personal Shopper Experience, where the designer can accompany the client to physical stores.

    5.3 Lighting Design

    Akiva Projects offers lighting design services visualising outcomes in elevated 2D drawings. Akiva Projects will not be responsible for any electrical engineering or installation.

    5.4 Furniture Design

    A separate furniture design service is recommended for custom-made or bespoke furniture. Akiva Projects is not responsible for installation skills.

    5.5 Design Coordination

    Design coordination services are available at an hourly rate for interactions with building contractors or installation teams. This service does not include research tasks or supplier visits.

    6. Alterations

    The customer may request alterations in writing. Any increase in the Price shall be in accordance with the standard charges of the Supplier for labor. Customer’s requirements for amendments, modifications, or corrective work do not constitute alterations.

    7. Intellectual Property Rights

    The Customer grants a royalty-free, worldwide, non-exclusive license to use supplied content for the Project.

    8. Our No Activity Policy

    If no communication is received from the client for more than 1 week, the project will be archived for a maximum of 30 days. After this time, the project will be considered complete, and no refunds will be issued.

    If a re-visit is required to a project that was archived, we reserve the right to charge for refresher time, any amendments to previous work or any new work to complete the overall project.

    9. Warranties

    The Customer warrants that supplied materials do not infringe third-party intellectual property rights. The Supplier warrants that all created works will be original and not infringe any third-party rights.

    10. Affiliates of Akiva

    Akiva Projects may offer contacts of partners and affiliates for services outside of company. Although Akiva Projects carry out periodical checks on affiliates and requests feedback of their work from previous client, Akiva Projects is not in any way responsible for the workmanship of affiliates or partners.

    11. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

    By engaging in our services, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.

  • 1. Introduction

    These Terms and Conditions ("Terms") govern the use of the Interior Design Consultancy Service ("Service") provided by Akiva Projects Ltd, hereinafter referred to as "We," "Us," or "Our," to the client, hereinafter referred to as "You" or "Your." By engaging with our services, you agree to abide by these Terms.

    2. Scope of Consultancy Service

    2.1 Our consultancy service provides expert interior design advice and guidance. This includes communication via text, video, and audio consultations, research and suggestions regarding furniture and/or accessories, the creation of mood boards, and other sketches to inspire and guide your interior design project.

    2.2 Please note that our consultancy service is advisory in nature and does not include the creation or provision of technical drawings or architectural plans.

    3. Consultancy Hours

    3.1 Consultancy hours are suggested and should be used for consulting purposes only. The duration of consultancy hours purchased will be clearly outlined in your service agreement.

    3.2 Consultancy hours cannot be used for tasks beyond the scope of the advisory service, including but not limited to the creation of technical drawings, detailed architectural planning, or project management.

    4. Communication

    4.1 Communication between You and Us will occur via text, video, and audio consultations. It is Your responsibility to ensure a stable internet connection and suitable devices for these consultations.

    4.2 We will make every effort to respond to your inquiries and messages in a timely manner during our working hours, as outlined in your service agreement.

    5. Intellectual Property

    5.1 Any designs, sketches, mood boards, or other creative materials generated during the consultancy service remain the intellectual property of Akiva Projects Ltd and may not be reproduced, distributed, or used for commercial purposes without our explicit written permission.

    6. Confidentiality

    6.1 We respect your privacy and will keep all information shared during consultations confidential, except where required by law.

    7. Payment and Refund Policy

    7.1 Payment for consultancy services is required in advance and is non-refundable.

    7.2 In the event that You are dissatisfied with our service, please contact us within 7 days of the consultation date. We will review your concerns and may, at our discretion, offer an additional consultation session.

    8. Limitation of Liability

    8.1 Our liability is limited to the fees paid for the consultancy service. We are not responsible for any damages, losses, or expenses incurred by You as a result of implementing our advice or suggestions.

    9. Amendments

    9.1 We reserve the right to amend these Terms at any time. Any changes will be communicated to You in writing or via email.

    By engaging our consultancy service, You acknowledge that You have read, understood, and agreed to these Terms and Conditions. If You have any questions, please contact us before proceeding with the service.

  • 1.Scope of Service

    Our Post Design Support Service (hereinafter referred to as "the Service") offers clients the opportunity to continue working closely with their designer to translate the design concept to any third-party building company. Additionally, our service involves conducting research to provide alternative suggestions if obstacles and obstructions are discovered, challenging the initial design concept.

    2.Assistance Levels

    Clients have the flexibility to choose from three different levels of assistance, each tailored to meet specific needs and requirements. The assistance levels are as follows:

    Guidance: This level includes essential support for translating the design concept. It covers communication with the building company and basic problem-solving.

    Assistance: In addition to basic support, this level offers in-depth research to provide alternative suggestions and overcome obstacles that challenge the design concept.

    Takeover: This comprehensive level provides advanced support along with continuous guidance throughout the project, ensuring seamless communication and efficient problem resolution.

    3.Communication and Dialogue

    Efficient communication and an ongoing dialogue between the client and the designer are vital for the successful implementation of the Service. To ensure effective collaboration, it is mandatory to maintain one designated channel of communication at all times. This channel will be agreed upon mutually and should be consistently used for all communications related to the project.

    4.Client Responsibilities

    Clients are responsible for providing accurate and timely information related to the project. Any changes, updates, or additional requirements must be communicated promptly to the designer. Delays caused by insufficient or inaccurate information may affect the project timeline and outcome.

    5.Service Limitations

    While our team strives to provide the best possible assistance, there may be limitations based on the complexity of the project, local regulations, or other external factors beyond our control. In such cases, we will inform the client promptly and work together to find suitable solutions within the confines of the limitations.

    6.Deliverables and Quantities

    The specific deliverables, along with their quantities, will be clearly outlined and agreed upon by both parties prior to the commencement of the Service. It is the client's responsibility to review and confirm the list of deliverables to ensure accuracy and completeness. In the event that the agreed-upon quantities of deliverables are exhausted during the course of the Service, additional time can be added to the project upon mutual agreement between the client and the designer.

    7.Additional Time and Adjustments

    If additional time is required beyond the initially agreed-upon project duration due to an extension of services or exhaustion of deliverables, adjustments to the project timeline and any associated fees will be discussed and agreed upon by both parties. Any such adjustments will be documented in writing, detailing the revised project schedule, deliverables, and associated costs.

    By engaging in our Post Design Support Service, clients acknowledge and accept the terms related to deliverables, quantities, and additional time as stated above. These terms are integral to the service agreement and will be upheld by both parties throughout the duration of the project.

    8.Project Schedule

    The Service operates within a predefined project schedule, which includes a natural start and end date agreed upon in advance by both parties. The project schedule aligns with the building schedule and other associated timelines established at the beginning of the project.

    9.Delays Caused by Third Parties

    In the event that the project schedule is extended due to delays caused by third parties, such as building contractors, suppliers, or regulatory authorities, additional time may be necessary to accommodate these delays. The client understands and accepts that any project extensions resulting from third-party delays may lead to adjustments in the Service timeline. Any such extensions will be communicated promptly to the client, and both parties will discuss and agree upon the necessary modifications to the project schedule, including any associated fees and deliverables.

    10.Confidentiality

    All project-related information, including design concepts, client details, and communication, will be treated with the utmost confidentiality. We will not disclose any sensitive information to third parties without the client's explicit consent, except when required by law.

    11.Service Fees and Payments

    Service fees will be determined based on the chosen assistance level and the scope of the project. Detailed information regarding fees, payment schedules, and accepted payment methods will be provided in a separate agreement or invoice.

    12.Modifications to the Terms and Conditions

    We reserve the right to modify these terms and conditions at any time, with or without notice, to adapt to legal, technical, or business developments. Clients will be notified of any significant changes to the terms and conditions in advance.

    By engaging in our Post Design Support Service, clients acknowledge and agree to these terms and conditions. If you have any questions or concerns, please contact us for clarification before proceeding with the service.

  • Please note that custom-made furniture, such as wardrobes and other storage options, is not included in any of our standard interior design packages and is sold separately.

    If you require custom furniture design, we offer specialised services. This includes providing technical designs that highlight specific measurements, openings, suggested materials, and other relevant details. These technical designs are tailored to your unique requirements and are subject to additional charges.

    The custom furniture design service ensures a personalised approach, creating furniture solutions that perfectly align with your space and needs. We work closely with you to conceptualize, plan, and execute bespoke furniture pieces, enhancing the functionality and aesthetics of your home.

  • 1. Engagement

    The Client engages the Procurement Officer to provide Procurement Services, and the Procurement Officer accepts this engagement based on the following terms and conditions.

    2. Performance & Delivery

    The Procurement Officer shall provide services with a reasonable standard of skill, care, and diligence, considering any constraints imposed by the Client or arising from the nature of the engagement. Material changes to approved Goods and Services require Client’s consent unless urgent discretion is necessary, in which case the Client will be promptly informed. Delivery timeframes are estimates; delays do not permit Agreement termination or remedies.

    3. Client-Procurement Officer Relationship

    The Client appoints the Procurement Officer as their agent for procuring Goods and Services. The Procurement Officer can negotiate and sign contracts on behalf of the Client as per this Agreement.

    4. Procurement Officer’s Obligations

    The Procurement Officer agrees to:

    Promptly execute orders for Goods and Services upon Client confirmation and payment.

    Keep the Client informed about the status of orders.

    Inform sellers about Goods’ intended use, acting as the Client’s agent.

    Pay for Goods and Services upon receipt of payment from the Client.

    5. Client’s Obligations

    The Client agrees to:

    Make timely payments for all Goods and Services.

    Be aware that made to order and bespoke items are non-returnable.

    Avoid sharing Design Works with suppliers for quoting without consent by Akiva.

    6. Fees and Payment

    Invoices are sent as the Project progresses. Clients must pay Fees within two (2) days and immediately if the goods and services are on sale or promotion. Goods and Services are ordered once payment is received during normal working hours. Client covers all disbursements and expenses. No deductions from owed amounts are allowed.

    7. Title and Risk to Goods

    During manufacturing, risk and insurance are the product supplier’s responsibility. Ownership may stay with the supplier until full payment. Clients must ensure adequate insurance. Any disputes are to be resolved in consultation with the Procurement Officer.

    8. Late Payment

    Late payments may incur a 2% interest charge per month or part month overdue. Non-payment allows the Procurement Officer to suspend services until full payment and security for future Fees are received.

    9. Dispute Resolution

    Parties aim to resolve disputes through good faith negotiations. If unsuccessful, disputes escalate to the respective Chief Executive Officers for resolution.

    10. Indemnity

    Client indemnifies the Procurement Officer for losses due to Agreement breaches or third-party claims regarding Design Works' Intellectual Property Rights.

    11. Product Warranties

    The Procurement Officer acts as the Client’s agent; supplier terms apply. Defects must be promptly reported. Client and Procurement Officer collaborate on Supplier dispute resolution.

    12. Termination

    Termination can occur with four (4) weeks' notice or immediately for cause. Upon termination, Fees up to the date are payable. Client indemnifies the Procurement Officer for Project-related losses if the Client terminates without Procurement Officer breach.

    13. Force Majeure

    The Procurement Officer isn’t liable for losses due to uncontrollable events.

    14. Procurement Officer’s Limited Liability

    The Procurement Officer’s liability is limited to the total Fees paid by the Client under this Agreement.

    15. Commissions and Discounts

    Passing discounts is at the Procurement Officer’s discretion.

    16. Quotations

    Price adjustments due to supplier price changes require Client re-approval.

    17. Entire Agreement

    This Agreement, along with the Project Details and attachments, supersedes all prior agreements.

    18. Waiver or Variation

    No rights are waived unless in writing and signed by both parties. This Agreement can only be varied in writing and signed by both parties.

    19. Discount Policy

    As part of the Procurement Services, the Procurement Officer will pass on discounts to the Client. These discounts are calculated based on the Recommended Retail Price (RRP) and not influenced by ongoing sales or promotions. While efforts will be made to secure additional discounts during sales or promotions, the attainment of such discounts is not guaranteed. Any extra discounts obtained will be passed on to the Client whenever possible, enhancing the overall value of the Procurement Services.