Terms & Conditions

GENERAL

The below terms will apply to all the Clients’ dealings with Olive House Interior Design, including being incorporated in all proposals, quotes or orders under which Olive House Interior Design is to provide goods and services to the Client. The Client will be taken to have accepted this agreement if the Client accepts a Proposal, or if the Client orders, accepts or pays for any goods or services provided by Olive House Interior Design after receiving or becoming aware of this these terms.

TERMS OF AGREEMENT

This agreement commences on the Commencement Date specified in the timeline provided and will continue until the Services are completed unless, terminated earlier – as detailed further below.

SERVICES

Performance of Service In consideration for the payment of the Fees set out in the timeline, Olive House Interior Design will provide the Client with the below Services.

Interior Design

If the Services include Interior Design Services, the Client acknowledges and agrees that: Olive House Interior Design do not organise any approvals or other compliance documentation from council or other regulatory authorities that the Client may require. This is the Client’s responsibility; and while Olive House Interior Design uses its best endeavours to provide the Interior Design Services by taking into consideration the Client’s total budget for the project, Olive House Interior Design does not guarantee that the Interior Design Services will reflect a scope of work that will be within the Client’s Budget.

Design Management

If the Services include Design Management Services, the Client acknowledges and agrees that: Olive House Interior Design is not responsible for engaging or making payment of any fees to any thirdparty contractors engaged for the Design Services and or Project. Olive House Interior Design is not responsible for entering into agreements with any Third Party Contractors.

This is the Client’s responsibility; Any damage caused to the Property in connection with the Project is the responsibility of the applicable Third Party Contractor and or Client. By accepting a recommendation or authorising a part of any recommendation made by Olive House Interior Design, the Client:

(i) confirms that it has satisfied itself as to the suitability of any Design Works and that any Design Works is appropriate and compliant with Law; and (ii) accepts any risks (whether they be obvious or not) in following a recommendation.

Furniture and Art Selection

If the Services include Furniture and Art Selection Services, the Client acknowledges and agrees that the Furniture and Art Selection Services are limited to Olive House Interior Design recommending furniture, art and any other items to the Client and it is the Client’s responsibility to procure the furniture, art and any other items themselves.

Furniture Procurement

If the Services include Furniture Procurement Services, the Client acknowledges and agrees that: (a) the actual price required to be paid for a Product (Actual Price) may be greater than the price quoted by Olive House Interior Design to the Client (Quoted Price). This may be due to a range of factors including shipping and delivery fees, import duties and taxes, currency fluctuations, cost of raw materials and installation fees. (i) the Client confirms in writing that they wish for Olive House Interior Design to proceed with the Changes and the relevant Change Fee; and (ii) the Client pays the Change Fee, upon agreeing in writing. (i) it must notify Olive House Interior Design of this as soon as possible. The Client acknowledges that it may not be possible to change the selection where advised by Olive House Interior Design (such as where furniture has already been ordered), and Olive House Interior Design decision in this regard is final; (ii) if Olive House Interior Design advises that it is possible to change the furniture, the Client must pay Olive House Interior Design additional fees based on the time spent by Olive House Interior Design in connection with considering, researching and effecting such changes charged at Olive House Interior Design then current hourly rate. Such fees are payable by the Client to Olive House Interior Design within 7 days of invoice by Olive House Interior Design; and (iii) the costs of the furniture may change, depending on the changes to the furniture. In the event that the Client has any issues with the furniture supplied (such as warranty claims and defects), the Client must contact the manufacturer directly to resolve the issues. Olive House Interior Design will inspect furniture delivered to determine whether they are fit for purpose, however the Client acknowledges that latent defects may exist which only become apparent after a period of time. Supply of Products Where the Services include Olive House Interior Design purchasing Products on behalf of the Client, the Client acknowledges and agrees that: (a) unless otherwise agreed, Olive House Interior Design will require the Client to make payment of any Product in full before the Product is purchased by Olive House Interior Design on behalf of the Client. (b) Olive House Interior Design do not accept change of mind returns for any Products purchased by Olive House Interior Design as part of the Services. (c) all Products must at all times be used in accordance with the manufacturer’s instructions. Otherwise, the Client acknowledges the risks of damage and personal injury; and (d) Products purchased by Olive House Interior Design as part of the Services, will have only the benefit of any warranty given, and insurance held, by the manufacturer. Changes to Services (a) The Client must pay a ‘change in brief fee’, in an amount reasonably determined by Olive House Interior Design, for changes to Services requested by the Client which alter the brief set out in the Proposal and requires Olive House Interior Design to perform additional work or incur additional costs. (b) Unless otherwise agreed in writing, Olive House Interior Design may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes. (c) Olive House Interior Design will only be required to perform Changes, if: Changes to Furniture (a) If the Services include furniture selection and/or procurement, Olive House Interior Design will require the Client to approve the relevant furniture selected. Following such approval, in the event that the Client wishes to change the selected furniture.

Timing

(a) In the course of Olive House Interior Design performing the Services, the parties may agree to a schedule for providing Services, including estimated dates for delivery and completion. (b) Olive House Interior Design will use its best efforts to meet these Schedules, however, due to various reasons may not always be able to do so and the Client agrees that any Schedules the parties agree to are estimates only and are non-binding on Olive House Interior Design (c) Without limitation Olive House Interior Design reserves the right to revise a Schedule if the delay is caused by the Client’s failure to provide timely feedback or other information reasonably requested by Olive House Interior Design to perform the Services, or if a third-party supplier causes any delays. Olive House Interior Design will not be liable for any loss, cost expense, damage or any other amount that the Client may incur or suffer arising from any failure to meet a Schedule.

CLIENT OBLIGATIONS

(a) The Client must provide Olive House Interior Design with all documentation, information and assistance reasonably required for Olive House Interior Design to perform the Services. (b) The Client must provide Olive House Interior Design with access to the Property to the extent reasonably required by Olive House Interior Design to perform the Services. (c) For Services that are delivered in stages, the Client must sign off on each stage of the Service and acknowledges that until the Client signs off on a completed stage of a Service, Olive House Interior Design will not commence the next stage of the Service. Olive House Interior Design will not be held liable for any delays resulting from the Client not signing off on a completed stage of a Service within a reasonable timeframe or failing to sign off. (d) The Client agrees that it will not, by receiving or requesting the Services breach any applicable Laws.

AMENDMENTS TO DELIVERABLES

(a) The Client will be provided with 1 round of amendments in relation to each deliverable provided from Olive House Interior Design to the Client in the course of providing the Services. A deliverable includes any image, picture, brief, design, drawing and plan provided Olive House Interior Design to the Client. (b) The Client will have 7 days from the date Olive House Interior Design provides the Client with the Deliverable to request any amendments to the Deliverable. Please note, this time period is subject to change based on brief. (c) If no feedback has been advised by the Client during the Amendment Period, at the end of the Amendment Period the Timeline will need to be revised based upon when feedback is given to Olive House Interior Design.

PAYMENT

Fees

(a) The Client must pay to Olive House Interior Design the Fees on or before the Due Date(s) and in accordance with the terms set out in an invoice, as set out in the Timeline or as otherwise agreed in writing. Invoices Olive House Interior Design will issue an invoice to the Client for payment of the Fees. The Client must pay the Fees in accordance with the remittance method set out in an invoice or as otherwise agreed in writing. Late Payments If the Client does not pay an amount on or before the Due Date set out in the Timeline or within the time set out in the relevant invoice, Olive House Interior Design may immediately cease providing the Services.

ACCREDITATIONS

(a) All photographs and videos of any Services provided to the Client must bear an accreditation and/or a copyright notice including the Olive House Interior Design name in the form, size and location, if directed by Olive House Interior Design. (b) The Client will allow Olive House Interior Design to take photographs or video content of the Property and any Services it has provided under this agreement for the purposes of marketing or promoting Olive House Interior Design services. This includes describing, reproducing, publishing and displaying any photographs or videos in Olive House Interior Design portfolios, websites and across all social media platforms. For clarity, this clause does not apply if the consent to photography has specifically been given to not take photography. (c) All photos published on Olive House Interior Design website and or other public platforms are the sole property of Olive House Interior Design. To use photos on public platforms that are owned by Olive House Interior Design will be a breech of any applicable privacy and ownership laws.

CONFIDENTIALITY

(a) Except as contemplated by this agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent. (b) The parties acknowledge and agree that Olive House Interior Design Confidential Information includes its internal files relating to the Services, including supplier communications, quotes, invoices and receipts, price lists (including those obtained from suppliers and wholesalers) and similar, and notwithstanding any other provision of this agreement, Olive House Interior Design retains ownership of such Confidential Information and is not required to release it to the Client at any time. (i) breach of any term of this agreement; or (ii) negligent, fraudulent or criminal act or omission. (i) to Products caused during shipping or delivery; and (ii) to the Property caused by any delivery services by third party suppliers.

THIRD PARTY GOODS AND SERVICES

(a) Any Service that requires Olive House Interior Design to acquire goods and services supplied by a third party on behalf of the Client may be subject to the terms & conditions of that third party, including ‘no refund’ and cancellation policies. (b) During the course of providing the Services, Olive House Interior Design may recommend Third Party Contractors for the Client to contract with directly for specific services. Any recommendation made by Olive House Interior Design does not constitute endorsement of that Third Party Contractor and the Client is under no obligation to engage the services of that Third Party Contractor. (c) If Olive House Interior Design recommends a Third Party Contractor, and the Client engages directly with them under their Third Party Terms, the Client’s relationship and liability in relation to the subject matter of those services is with the Third Party Contractor. (d) The Client agrees to any Third Party Terms applicable to any goods and services supplied by a third party that the Client or Olive House Interior Design acquires as part of the Services and Olive House Interior Design will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

LIABILITY

To the maximum extent permitted by applicable law, the maximum aggregate liability of Olive House Interior Design to the Client in respect of loss or damage sustained by the Client under or in connection with this agreement is limited to the total Fees paid to Olive House Interior Design by the Client. The Client agrees at all times to indemnify and hold harmless Olive House Interior Design and its employees, and contractors from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’, agents’ or contractors’: Olive House Interior Design will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Olive House Interior Design, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law. To the maximum extent permitted by law, Olive House Interior Design will not be liable for any loss or damage:

SUBCONTRACTING

(a) Olive House Interior Design may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting. (b) Olive House Interior Design will use reasonable endeavours to ensure that such subcontractors comply with the provisions of this agreement, however a breach by such subcontractors of this agreement will not be deemed a breach by Olive House Interior Design.

TERMINATION

Termination for Convenience Either party may terminate this agreement for convenience at any time by providing 2 weeks written notice to the other party. Accrued Rights and Liabilities The expiration or termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to expiration or termination of this agreement. Effect of Termination Upon termination of this agreement: (a) the Client must pay all amounts owed for goods or services already provided as at the date of termination; (b) each party must return all property of other party to the other party; (c) no rights, liabilities or remedies of any party will be invalidated by the termination.