1.0 Formation of Contract

1.1 These Terms and Conditions together with the estimate of works (“Estimate”) provided by Easy Designèe which describe the services set out the entire agreement between Easy Designèe which is the trading name of EASY INTERIOR DESIGN LTD a company registered in England and Wales with company number 14869636. 

1.2 Before procuring the Services you should read these terms and conditions carefully. You are advised not to use the services of Easy Designèe if you do not agree to the terms stated.

​

2.0 Design Services

2.2 Upon receipt of the Project Fee, Easy Designèe shall perform services for the Projects, as set forth in the Scope of Works.

2.1 Easy Designèe will endeavour to advise the Client of the predicted timescales of works as soon as is possible after the quotes have been produced. All such dates shall be approximate only and Easy Designèe cannot be held responsible for any delay in completion.

 

3.0 Revisions

3.1 On completion of the Design, Easy Designèe will present the Design to Client. Easy Designèe will incorporate any comments that Client has in a revised Design within seven (7) days of the date of that meeting and submit the revised Design to Client for final approval. Revisions shall be billed at Easy Designèe’s Standard Hourly Rate as set below in the Payment section.

​

4.0 Third Party Services

4.1 Subject to Section 10 (ten) below, Easy Designèe will consult with and will recommend prospective contractors necessary for fabrication and installation. Unless otherwise agreed in writing, the Design Services do not include selection, management, supervision or any other obligation with respect to contractors.

​

5.0 Expenses

5.1 The total cost for the Design shall be the Project Fee, plus any out of pocket expenses that may have been agreed with Client in writing in advance.

​

6.0 Purchasing

6.1 For Services performed in connection with Purchasing materials on Client’s behalf, Easy Designèe shall be paid in accordance with the agreed charging method. Upon Client’s written approval of the Design, Easy Designèe will source, select and/or order special-order or “commissioned exclusively for Client” items (“Custom items”), and purchase items of tile, lighting fixtures, plumbing trim & fixtures, appliances, hardware, fabrics, movable furniture, furnishings, decorative joinery, cabinetry and built-ins, decorative lighting fixtures, decorative hardware, and accessories (“Materials”).

​

7.0 Purchasing Deposit

7.1 Prior to purchasing any Materials on behalf of Client, Client shall deposit sufficient funds to Easy Designèe to obtain Materials and Easy Designèe is under no obligation to purchase Materials unless and until such deposit is received. Cancellations, if available from the manufacturer or vendor, will be assessed on a per-item basis; Custom items cannot be cancelled or returned.

​

8.0 Exclusivity / Non-Circumvention

8.1 Client is responsible for and shall pay all delivery and storage charges and all applicable sales tax as set below in the applicable invoice. Once an item is ordered, there are no substitutions, returns or refunds.

8.2 In the event that Client circumvents Easy Designèe in the procurement of Materials, Easy Designèe may immediately upon notice to Client, suspend providing services or terminate this Agreement, pending payment of any fees that would have been due and payable to Easy Designèe for such Materials. Easy Designèe’s invoice shall be deemed to be “proof of purchase” for items listed therein.

​

9.0 Contractors

9.1 If the Project requires contractors to perform work based on Easy Designèe’s design not otherwise included in the Services, Client shall remain responsible for all compensation and insurance related to contractors’ services. Easy Designèe shall notify Client if any contractor’s services do not meet the plans or specifications, but Easy Designèe shall not have any obligation, unless otherwise agreed, to monitor or supervise construction or other tradesperson services. If specialised consultancy is required, Easy Designèe shall hire a qualified third party consultant to complete such services. All fees for such services shall be at that contractor’s customary rates and in addition to any fees or charges due to Easy Designèe.

​

10.0 Payment

10.1 Easy Designèe shall be compensated according to the terms set forth in this section and as set forth in any Proposal, or as mutually agreed upon by the parties from time to time.

10.2 The charges for the Services are set out in the Estimate accompanying these terms and conditions agreement or as amended or updated by Easy Designèe and communicated to the Client.

10.3 Client shall pay Easy Designèe in accordance with the agreed charging method. Easy Designèe shall charge for the performance of any Design Services and out of pocket expenses agreed under Agreement.

10.4 Payments should be made by debit or credit card or bank transfer to Easy Designèe.

10.5 For quotes less than or equal to £500.0, 100% of the quoted fee is payable in advance. Easy Designèe will be unable to commence the works until the payment is received in full.

10.6 For quotes over £500, 50% of the quoted fee is payable in advance, unless otherwise detailed in the fee proposal and agreed by both parties. Easy Designèe will be unable to commence the works until the agreed initial payment is received in full. The remaining quoted fee (if any) is payable in instalments during the design process. The 50% advance payment (deposit) is not A NON-REFUNDABLE in case of cancellation by the Client after the initial (7) seven working days period (see 17.2 and 17.3 for Cancellation and Termination Policy).

10.7 Easy Designèe shall submit invoices to Client which describe the Services performed, the time expended and all reimbursable expenses incurred on behalf of Client. Client shall pay Easy Designèe within seven (7) days of receipt of the invoice. Easy Designèe may suspend performance of Services if Client fails to pay any invoice when due. Client shall be liable for all costs, fees and expenses incurred by Easy Designèe to collect any amount due. If, after fifteen (15) days, Client fails to pay any outstanding invoice in full, Easy Designèe shall be entitled interest in an amount equal to 1.5% per month of the outstanding balance until such invoice amount is paid in full.

10.8 Client agrees to reimburse Easy Designèe for all actual, out of pocket expenses incurred by Easy Designèe in relation to the Project, including but not limited to costs to obtain samples, printing services, traveling (outside the M25 motorway), postage and handling, freight, delivery and storage costs. Client shall approve in advance and reimburse Easy Designèe for all reasonable travel, lodging, and meal expenses incurred by Easy Designèe and Easy Designèes staff (where necessary) in connection with the Project.

10.9 Should Easy Designèe have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs so incurred.

​

11.0 Transportation and Storage

11.1 Complete Custom orders and approved items including antiques, will be sent to appropriate storage facilities until the scheduled installation. All packing, warehouse and delivery charges will be billed regularly to Client at cost.

​

12.0 Insurance

12.1 Client shall procure insurance against loss or damage for transport or storage of all Materials until delivery at Client’s premises or other designated destination. Client shall have exclusive responsibility for risk of loss or damage. Client remains solely responsible for insuring its personal property.

​

13.0 Proprietary Rights

13.1 Client acknowledges that Easy Designèe’s proposed specifications including the Design Plan may include written materials or documentation that describe, support, or engender concepts, ideas, instructions, samples, related materials or documentation, photographs, drawings, schematics and copies of the foregoing, all of which may be subject to copyright, patent, trademark, right(s) of publicity and/or attribution rights (collectively, “Proprietary Rights”). Easy Designèe hereby reserves all right, title and interest in and to such Proprietary Rights, whether registered or registerable, patented or patentable. Client agrees to not challenge the validity or enforceability of Easy Designèe’s Proprietary Rights. All Proposals and are proprietary and exclusive to Easy Designèe, and Client shall not copy, distribute, or make Proposals available to any third party without Easy Designèe’s express written permission. Under no circumstances shall Client alter or remove, efface or obscure any trademarks, labels or other proprietary notices, except with Easy Designèe’s express written permission. Client shall have the unlimited right to the quiet use and enjoyment of the results and proceeds of the Design in the Project and any Proprietary Rights embodied therein upon completion of the Project by Easy Designèe.

13.2 Easy Designèe’s drawings are conceptual and/or architectural in nature and are intended to set forth design intent, they are not to be used for engineering purposes.

13.3 Client recognizes that Easy Designèe may need to document the services and work performed relating to this Project. Client agrees to allow Easy Designèe to photograph the Project during all stages, including after project completion, and use the photographs or any part thereof in connection with any marketing, promotional and/or advertising campaigns of Easy Designèe. Photographs will be used for business purposes and will not disclose Client’s details such as name and Project’s address.

13.4 Client hereby grants Easy Designèe permission to include description of the Project, excluding Client’s name and Project’s address, in any marketing, promotional and/or advertising campaigns.

​

14.0 Warranties

14.1 Easy Designèe shall comply with all local laws, ordinances and rules or any other applicable law that may impact Easy Designèe’s performance of its obligations under Agreement. Client shall provide Easy Designèe with access to the Project and all information needed to complete the Project.

​

15.0 Disclaimers & Limitations of Liability

15.1 Easy Designèe shall not be responsible for ensuring that any contractor, including any consultant, is licensed, or liable for any act or omission of any third-party contractor or manufacturer including mistakes, delays, or incomplete orders.

15.2 Easy Designèe makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the Services. Services are provided “as is” without expressed or implied warranty of any kind. Easy Designèe disclaims all warranties with regard to the Services including all implied warranties of merchantability and fitness for a particular purpose.

15.3 In no event shall either party be liable for any consequential, special, punitive, exemplary, or indirect damages, including but not limited to any damages for anticipated profits, loss of revenue, economic loss, cost of procurement of substitute goods or services, loss of use of Materials, or interruption of business arising in any way out of this Agreement, under any theory of liability in contract, tort, or otherwise. In no event shall the total liability of a party for any causes of action arising out of Agreement exceed the sums paid to Easy Designèe as compensation hereunder. The foregoing right to monetary damages shall be in lieu of any other remedies which a party may have against the other.

15.4 Client agrees to indemnify, defend and hold the Easy Designèe harmless to the fullest extent permitted by law from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of the negligence, failure and/or acts or omissions on the part of Client or any vendor, supplier, contractor or agent hired or retained by Client.

​

16.0 Permits

16.1 Client is responsible for obtaining any and all necessary permits, licenses, or approvals required by any governmental agency, unless otherwise agreed with Easy Designèe.

​

17.0 Cancellation and Termination Policy

17.1 Easy Designèe and Client may terminate their Agreement immediately upon notice to for any reason or no reason. Upon termination, Easy Designèe shall cease performing Services and Client shall pay any outstanding invoices and amounts due for reimbursable expenses. All in-process orders for Materials shall be delivered to Client, subject to Client’s payment of any balance which may be due on such Merchandise.

17.2 The Client has the right to cancel the Contract at any time up to the end of (7) seven working days after the day on which the Contract is concluded, subject to the following provisions. The Client does not have the right to cancel the Contract if the supply of the Services begins with the Client’s agreement before the end of the (7) seven working day cancellation period. A working day is any day other than weekends and bank or other public holidays.

17.3 To exercise the right of cancellation set out in clause 17.2, the Client must give written notice to Easy Designèe by hand or post, or email, at Easy Designèe’ address, or email address as set out in clause 9.2 below. Once the Client has notified Easy Designèe that the Client is cancelling the Contract, Easy Designèe will, within 30 days, refund the Client for the Services.

17.4 Following the (7) seven day period set out at clause 17.2, the client has the right to terminate the Contract at any time by giving notice in writing to Easy Designèe. The Client will be liable to pay Easy Designèe for the Services provided to the date of termination (including, 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 Easy Designèe.

17.5 A delay by either party in acting on a breach of this Contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.

17.6 Termination of the Contract will not affect either party’s outstanding rights or duties, including Easy Designèe right to recover any money owing to it under these terms and conditions.

​

18.0 Force Majeure

18.1 If the occurrence of any event beyond the reasonable control of a party, makes performance impossible, contrary to law, or commercially unreasonable, such party shall be temporarily excused from performing its obligations under Agreement for the duration of the event and the excused party shall resume performance of its obligations with due diligence after the expiration of such event. The parties will use their best efforts to overcome the cause and effect of any such suspension.

​

19.0 Non-Disparagement

19.1 Each Party agrees that neither it, nor its directors, officers, shareholders, employees, or agents shall say, write, or cause to be said or written, any statement that is defamatory, derogatory or disparaging of the other party, whether in print, electronically, on any public or social platform.

​

20.0 Attorneys’ Fees

20.1 Client shall be responsible for all reasonable costs, fees, and expenses incurred by Easy Designèe to collect any amount due under Agreement or otherwise enforce any of its rights arising out of the Agreement. The parties agree that any judgment or order entered will contain a specific provision providing for the recovery of attorneys’ fees and costs incurred in enforcing the judgment.

​

21.0 Relationship of the Parties

21.1 Notwithstanding any provision hereof, for all purposes of the Agreement each party shall be and act as an independent contractor and not as partner, joint venture, or agent of the other and shall not bind nor attempt to bind the other to any contract.

​

22.0 Entire Agreement

22.1 The Agreement set forth the entire understanding between the parties and supersedes all previous agreements, arrangements, and understandings between the parties, whether verbal or written, and may not be amended except in writing and signed by both parties.

​

23.0 Contract Law

23.1 All disputes arising from the Agreement shall be resolved by binding private arbitration with each party to bear its own fees and costs. The Agreement will be construed and enforced in accordance with, and all questions concerning the validity, interpretation and performance of the Agreement and will be governed by the laws of the England and the English courts will have jurisdiction in respect of any dispute arising from the Contract.

​

24.0 Signatures; Counterparts

24.1 An electronic signature shall serve as an original signature. The Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall, when taken together, constitute a single document.

​

25.0 Quality Policy

25.1 It is the policy of Easy Designèe to maintain a quality system designed to meet the requirements of ISO 9001:2015 (or any other standard in line with Annex SL Structure) in pursuit of its primary objectives, the purpose and the context of the organisation.

​

26.0 Data Protection

26.1 Easy Designèe will only use any personal information provided by the Client for the purpose of providing the Services, or for informing the Client of the availability of similar services, unless the Client agrees otherwise. Easy Designèe protects client’s personal data. No information will ever be forwarded onto third parties, suppliers and subcontractors unless agreed with the client. Any personal data provided by the client to Easy Designèe will be stored securely with access only for staff members. Data will never be visible to other clients of Easy Designèe. The Client can correct any information, or ask for information about the Client to be deleted, by giving written notice to Easy Designèe which is the trading name of EASY INTERIOR DESIGN LTD at the following address: EASY INTERIOR DESIGN LTD, 86-90 Paul Street, London EC2A 4NE or contact@easydesignee.co.uk