Terms and Conditions
This Interior Design Agreement is between yZiGN LLC (yZiGN) and the Client with respect to interior design services to be rendered by yZiGN for the Client.
Designer and Client agree as follows:
yZiGN shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. yZiGN’s services do not include contractor services, landscape design, or architecture. yZiGN shall consult other professionals such as lighting consultants, landscape architects, architects, and others. Client acknowledges that Project deadlines are subject to the vagaries of the marketplace and the performance of third parties.
yZiGN shall be compensated on an hourly basis at the rate of $150 per hour. All hours or partial hours yZiGN is working on and/or for the Project will be considered design fees, including but not limited to in-person and digital communication, design development, furniture purchasing, furniture delivery and installation, project management, research, contractors oversight, etc.
Hourly charges will be invoiced to Client in 10-hour increments and are payable by Client upon receipt of invoice. Upon signing this Agreement, yZiGN shall receive a non-refundable Retainer based on the project scope, which constitutes the minimum fee due Designer for Design Services. The advance will be credited against hourly fees otherwise payable by Client to Designer for Design Services at the completion of the project. All Design Fees are non-refundable.
Driving time will be charged at $25 per hour.
Consultation only rate is $250 per hour.
Purchasing is billed at a rate of $150 per hour. yZiGN's furniture mark-up is up to the average retail market price and doesn't exceed it. Full deposit is required for each item and only upon receipt of deposit yZiGN will place an order. yZiGN shall arrange delivery and installation of yZiGN-purchased furnishings and other items purchased on behalf of the Client for the Project. When practical, Designer will present specification to Client for Client to purchase directly from the vendor. The client is wholly responsible for all items purchased by the Client.
REFUNDS & CANCELLATIONS
Once purchased, most items cannot be returned or canceled, therefore requests to do so will be assessed on a per-item basis with no guarantee of return or cancellation; custom items cannot be canceled or returned. Requests for returns and cancellations will be billed hourly. Design Fees and reimbursable expenses are non-refundable, even when associated with a return or cancellation.
NO PRICE GUARANTEE:
yZiGN cannot guarantee the prices of merchandise, interior installation, or other services not performed by yZiGN. Vendor pricing is subject to change and out of the control of yZiGN.
Client agrees to reimburse yZiGN for all out-of-pocket expenses actually incurred by yZiGN in relation to the Project, including but not limited to, renderings, drafting services, postage, and handling, freight, delivery and storage costs. Client shall reimburse Designer for all travel, lodging, and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the Project.
Invoices are due with payment within 3 days. Invoices more than 30 days past due will accrue a 10% late fee per month, and all work will cease until the invoice is paid. Between 3 and 3.9% credit card processing fee will apply for payments made by credit card. yZiGN shall be entitled to withhold delivery of any item purchased on behalf of Client should Client fail to make any payments due to yZiGN in a timely manner.
DIGITAL DESIGN VISUALIZATION AND DRAWINGS:
yZiGN’s digital design visualizations are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. yZiGN services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. yZiGN shall be held harmless for relying on the accuracy of information provided by the Client. The client cannot use project deliverables and documents for any purpose other than completion of the Project by yZiGN as laid out in this agreement.
CONTRACTORS & CONSULTANTS:
yZiGN is not a general contractor and does not provide contractor services. If Project requires contractors and/or consultants to perform work based on yZiGN concepts, Client will enter in a contract directly with each contractor and/or consultant. yZiGN provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors, nor their agents or employees. yZiGN shall cooperate with and observe Consultants for the purpose of general conformity of the design plan. yZiGN can provide oversight as part of their hourly service.
The client is responsible for permitting and or any approvals and compliance required by any governmental agency.
The Client is required to have insurance coverage for all furnishings and materials during handling, moving, storage, and installation. The Client is responsible for ensuring that their insurance coverage is sufficient per this Agreement. yZiGN cannot be held responsible for inadequate insurance coverage.
Client agrees to allow yZiGN or yZiGN 's representatives to photograph Project during all stages of Design Services including when the project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. yZiGN will not disclose the address or Client’s name without prior consent. Costs of photographs and publicity are the responsibility of the yZiGN. Additionally, if the Client or Client's agents document the Project, yZiGN shall be given credit as the designer if documentation is released publicly.
yZiGN strives for the most comfortable, enjoyable, and transparent design experience possible. We require open communication and honest feedback.
yZiGN or Client can terminate this agreement by notifying the other party in writing. The client will be responsible for any outstanding reimbursable charges and fees. All in-process orders will be completed by yZiGN and delivered to Client. If a balance remains in the Client’s account, the amount will be refunded less any outstanding reimbursable charges or design fees. Client agrees to take no action which is intended, or would reasonably be expected, to harm the yZiGN’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to yZiGN.
LIMITATION OF LIABILITY:
Neither yZiGN, yZiGN’s Consultants, nor their agents or employees shall be jointly or individually liable to the Owner for an amount in excess of the proceeds of the available professional liability insurance coverage.
The binding private arbitration shall resolve all disputes arising from this Agreement in the US - Montgomery County, Maryland with each party to bear its fees and costs. We govern this agreement by Maryland law of the United States of America.
The parties agree that the terms of this Agreement may be changed only by a writing signed by both parties and that no oral changes or waivers are permitted.
OWNERSHIP OF DESIGN:
yZiGN shall retain ownership of the design, including but not limited to: drawings, renderings, sketches, samples, and other materials prepared by yZiGN for the Project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in the design. Client shall not share or use the design for additions to Project or any other project without explicit written permission of yZiGN.
FAQS & POLICIES:
I have read, understand and agree to the policies outlined on the next page in the document FAQs & POLICIES.
FAQs & Policies
CAN I SHOP ON MY OWN?
You have hired yZiGN to design and complete a vision for your space and we ask that you do not select or purchase items because that selection may not be a fit for the design, space, or budget. You will receive a detailed Specification for items to be purchased directly if deemed necessary.
WHAT ADDITIONAL COSTS CAN I EXPECT?
We do our best to give you a full cost outlook for each item, but additional costs such as storage, shipping, installation, or unexpected labor do occasionally happen.
DO YOU WORK WITH CONTRACTORS?
We work with the contractors hired by the client. We prefer to use professionals that we have worked with on previous projects and can provide recommendations when necessary. yZiGN does not provide contractor services; so independent architects and contractors hired by the client are an integral part of the process.
HOW LONG DO PROJECTS NORMALLY LAST?
This depends on the scope of the project and what is purchased. On average the design development should take up to 4 weeks. Once the furniture order is placed, it will take up to 12 weeks for everything to arrive. You are looking at up to 16 weeks on average. Occasionally there are delays caused by weather, vendor vacations, factory errors, and other unpredictable influences, that are out of my control. The client, as well as all professionals hired to work on the project, are expected to not cause unreasonable delays in the project.
HOW DO I PLACE FURNISHING ORDER?
Once you receive an Invoice for your furniture, you have 3 days to pay for it. No item will be ordered by yZiGN until yZiGN receives full payment.
CAN I CHANGE MY MIND AFTER AN ORDER IS PLACED?
Most often orders cannot be canceled or refunded. In the event that a full refund can be attained, you may cancel the order and receive a refund for the cost of the item minus the purchasing fee and any other applicable fees. You will be charged hourly for the time spent on canceled orders. Custom orders are nonrefundable.
WHEN ARE PAYMENTS DUE?
Invoices for time billing and reimbursable expenses are due within 3 days. Invoices more than 30 days past due will accrue a 10% late fee per month and all work will cease until the invoice is paid.
WHAT IF I DECIDE MID-PROJECT I WANT TO ADD MORE TO THE SCOPE?
Since yZiGN work hourly, increasing the scope is not a problem.
WHAT IF I HAVE CONCERNS ABOUT AN ITEM?
You will have the ability to request a revision for each of your items in your Product list through your online portal. The decision about what is purchased and installed in your home is ultimately yours.
WHAT ABOUT BUDGET?
We can work within your budget as far as your budget matches your level of expectation. Having a budget is very important for the project running smoothly and for your expectations to be met.
HOW ARE ITEMS DELIVERED?
Our policy is to perform one large installation of all your items. This includes all furniture and accessories purchased. Items purchased by yZiGN go into a licensed, bonded, insured and climate-controlled warehouse awaiting installation. It is our policy to not deliver items to client’s homes directly or on multiple trips. Clients are responsible for all shipping, storage, & delivery fees.