Terms & Conditions
These terms and conditions (this “Agreement”) apply to E-Design services provided by Holly Durocher d/b/a Holly Durocher Design (“Designer,” “we,” or “us”) for the above-named client (“Client,” or “you,” “your”) in reference to the above-named project (the “Project”).
E-Design services are intended as consultations and recommendations for the decoration of your home. The E-Design services do not include any remodeling or 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.
Designer is not responsible for arranging contractors, repairs, freight, or merchandise returns associated with your project. Designer is not responsible for (i) the means, methods or procedures of construction, fabrication, delivery & installation, or safety precautions in connection with the Project; (ii) the acts or omissions of the contractor or any, subcontractor, supplier or other person performing the work on the Project, or, for any failure of them to meet any schedules or completion dates.
Although we do our best to thoroughly research products and materials, we are not responsible for the validity of any manufacturers claims. It is highly recommended you perform your own research before purchasing any recommended merchandise.
E-Design services are provided exclusively via email correspondence.
A 50% non-refundable deposit is required along with a signed quote to begin the design process. The final 50% is due once you have received the E-Design Package. Additional fees for phone calls and other services mutually agreed upon are billed at a rate of $125/hour.
The Project is likely to evolve as it progresses. Any changes to the Project must be mutually agreed-upon in advance. Each such modification is a part of and governed by this Agreement.
Unless otherwise mutually agreed upon, any payment due to Designer under this Agreement is to be made by check payable to “Holly Durocher d/b/a Holly Durocher Design.”
All concepts, drawings, specifications, and other documents prepared by Designer (“Project Documents”) are and at all times remain Designer’s sole property. Project Documents are not work made for hire and may not be used by you for any purpose other than completion of the Project. Project Documents are not to be used for architectural, engineering, or similar purposes, and you will indemnify Designer for any such use.
Designer makes no warranty to you, and you receive no warranty from Designer. All implied warranties, including the warranties of merchantability and fitness for a particular purpose are expressly excluded.
Designer shall not have any liability for consequential, indirect, downstream, exemplary or incidental damages, including lost profits, even if you have been advised of the possibility of such damages. Designer’s sole liability arising out of contract, negligence or strict liability in tort or warranty, shall not exceed any amounts paid under this Agreement.
You shall indemnify, defend and hold harmless Designer and its employees, contractors, and agents from any damages, claims, liabilities, losses, and costs, including reasonable attorneys’ fees, of any kind or nature, which may in any way arise from: (a) the Design Services and Purchasing Services; (b) Client’s conduct; and (d) third-party contracts entered into as a result of this Agreement.
Designer is an independent contractor and is not an agent or employee of Client. If an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties. Neither you nor Designer may assign their respective interests in this Agreement without the written consent of the other. The laws of the State of California shall govern this Agreement. The state and federal courts located in Santa Clara County, California shall have exclusive jurisdiction and venue. 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. The Agreement is a complete statement of Designer’s and your 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.
By requesting an e-design project you are agreeing to these terms and conditions.