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Virtual Design Agreement

Devenir LLC.

Welcome to Devenir!

We are Devenir, LLC as referred to on our website as "we" "us" "our" and "Designer". These terms and conditions apply to your ("you" "your" "Client") use of  this website and mobile website. Use of this website constitutes your agreement to bind by these terms and conditions. Use of this website is for the purpose of "Designer" providing online home design services for "Client". The Client shall agree to these terms upon purchase of their design package and the agreement will remain in effect until services are completed or as otherwise terminated per this agreement. 

These Terms and Conditions May Change

We reserve the right to modify these terms and conditions at any time upon notice to you via any current means of communication.  You confirm your acceptance by the continued use of this website. 

Free Design Call

One free fifteen minute phone call is allotted to potential clients. One call per potential client, per potential project. This phone call is solely for the purpose of the potential client to get a feel for the designer and to ask any questions they may have about the process. Both parties agree that no actual design information or advice will be given during this phone call. Potential client understands that they are not obligated to purchase a virtual design package before or after this phone call. If potential client decides to purchase a design package, it is their choice to pursue that action.  Devenir reserves the right to deny services to any potential client after the free fifteen minute design consulting call and will therefore refund any monies paid by potential client in the event that they paid for a design package. 

Services

Devenir LLC provides online home design services. Devenir uses an online interior design platform to provide decorating services to Client. An initial video phone call is included in all packages once a package has been purchased by Client. This call is thirty minutes at maximum and Client agrees to use this video communication to show Designer the space (s) in which the design package was purchased for. Project details such as budget, timeline and scope will be discussed during this initial video phone call. 

 

Services may include, mood boards, 2D and 3D design boards, color specifications, floor plans, furniture selections, sketches, notes and more. These are provided to the client and may include suggestions for finishes, fabric choices, paint colors, lighting fixtures, furniture and other home accessories and decor. Devenir may also provide a "shoppable" list for such items. Shoppable refers to a list where client may click and shop online based on suggestions by Designer.  Devenir does not handle actual purchases, orders or deliveries and Client understands they are not obligated to purchase any items. 

Virtual design boards such as 2D and 3D designs, mood boards and other renderings are provided to Client as a portion of services provided in home design packages. Client agrees that the views, angles, spaces shown on these boards are at the discretion of Designer. Additional requests are subject to our hourly rate of $75 per hour. 

Devenir charges flat rates per room to Client. Fees are due upon the time of purchase. Client understands it is up to them to determine the correct decorating package for their design needs. Additional decorating services can be added to the selected package and will be charged by our hourly rate.

Service Changes

Sometimes things change! We get it! Devenir allows an upgrade of service at any time, but not a downgrade of service. Client may also extend service at any time. The difference in fees will be a charged upfront. Client agrees to communicate desired service change in writing.  Devenir reserves the right to deny requested service changes, upgrades or extentions. 

 

Communications

Devenir and Client will first communicate via video call for the 30 minute initial project discussion. This call is included in the package selected by the Client. Prior to this call is a free fifteen minute design call. The fifteen minute call is for the potential client to get a feel for the process, the designer and ask any questions.  Both parties agree this free call requires no purchase before or after the call. Once a package is booked, the Client and Designer will have their thirty minute video call and will discuss a timeline for the project. Both parties agree to adhere to that timeline as closely as possible. During the agreed upon timeline, Client will provide feedback, request changes and give approvals for all parts of the design provided for them during this time. After the project has been approved and agreed upon by Client, the Client understands it is then time to purchase agreed upon items. The timeline of shipping such items will be taken into consideration by Designer. There will then be a walk through which includes guidance on placement of items. After this task is complete, the feedback timeline begins. The feedback timeline is dictated by the package selected by Client. The Client agrees to the time frame agreed upon in the package they selected. If requests go beyond the timeline agreed upon, additional fees may be required. 

Client and Designer agree to a maximum 48 hour response period in all communications. This helps information, changes, approvals, etc. to maintain a flow in regards to agreed upon timeline between Client and Designer. If there is no response after 72 hours, Devenir will make two more attempts for a response. If those attempts go unanswered, Devenir reserves the right to terminate the virtual design agreement and keep all payments and/or invoice any additional fees for services rendered and not yet paid by Client. 

Release of Liability

Devenir shall not be liable or claim responsibility  for any property damage, personal injury, loss, delay or  any incident caused by a third party vendor. Any negligent acts by any third party are not under the control of the Designer or Devenir and Client releases Devenir and holds them harmless for any and all claims from third parties. 

Creative Design

Devenir's designs are creative and Client understands the nature of this work to be subjective. Devenir designers will use their best judgement based on the information provided by Client to provide them with the most satisfactory virtual design based on the package selected by Client. Any dissatisfaction in the creative design provided by Designer for Client is not deemed as means for termination of this agreement by us. Devenir strives to use their best knowledge in home design and Client understands the field of interior design is ever evolving and therefore understand a Designer's work is as well.  Client understands that these designs are to be used for the purpose of interior design. Client understands and agrees that Designer is in no way an engineer, architect or contractor and that it is Client's responsibility to hire the appropriate professionals for any work requiring them.

Warranties

Devenir LLC does not promise or warrant that any additional home value, sales or profits will be added to Client's home as a result of the home design plan created by Designer.  Designer claims no responsibility if the project does not produce desired results for Client. 

Maximum Damages

For any request or claim of refund, the maximum amount shall not exceed the total monies paid by Client according to this Agreement.

Intellectual Property

Devenir LLC shall retain all intellectual property related to all Design Plans including 2D and 3D renderings, mood boards, source lists and any other materials creating while under this agreement with Client. Client understands that these materials are for the sole purpose of the decoration and design of their home and are not for any commercial use. Client is not permitted to sell any materials provided to them from Devenir while under this agreement. 

Inappropriate Conduct

Devenir reserves the right to terminate this agreement any time due to inappropriate conduct on behalf of the Client. Inappropriate conduct shall be described in purposes for this agreement as any offensive, threatening, hostile or sexual verbal harassment regarding sex, gender, race, status, creed, marital status, or disability. Designer shall terminate the agreement immediately and will retain all monies paid and Client agrees Designer is not responsible for any incompletion of the home design project. 

Term of Agreement

The term of this agreement shall last until the project is finished or on another agreed upon scope of said project. 

Termination of Agreement

This agreement may be terminated at any time by either party according to agreed upon stipulations as seen here. Client may terminate this agreement with a three day written notice to Designer. Any due fees at that time that may have been accrued or in another way owed will be paid immediately. Client must pay in full any outstanding balances including for any work Designer was still providing to Client.  If Client has breached this agreement and therefore has reached termination, Devenir will retain all paid fees as non refundable payments. Client agrees to pay any unpaid fees incurred by services of Devenir within three days of termination. 

This agreement may be voluntarily terminated by Devenir LLC. at any given time due to Client breach of contract due to any break in this agreement including lack of communication, harassment, overdue payments or any other breach as specified in this agreement. 

Liability Limitations

TO THE FULLEST EXTENT THE LAW OF THE JURISDICTION PERMITS, DEVNIR LLC. WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, INJURY, DEATH, LOSS OR DAMAGE OF PROPERTY, LOST PROFITS, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER RESULTING FROM A FORM OF ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY THIRD-PARTY CONTRACTOR USED TO FULFILL OUTSIDE SERVICES RELATED TO SERVICES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, VENDORS, GENERAL CONTRACTORS, ENGINEERS, AND ARCHITECTS. OUR SERVICES ARE SOLD “AS IS,” AND IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT. 

 

Legal Settlement

Both parties agree that any arbitration take place in Walworth County, Wisconsin unless another location in agreed upon by both parties. Each party shall be responsible for their own costs and expenses in regards to presenting the dispute for arbitration. 

Agreement

In purchasing a Devenir virtual design package, you agree to these terms of uses and conditions. 

 



 

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