Design Express Terms of Service

Overview

Design Express services are available to site addresses within Canada only.

Design Express services are provided by Corey Klassen Interior Design. Throughout this Agreement, the terms “we”, “us” and “our” refer to Corey Klassen Interior Design. Corey Klassen Interior Design offers these services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By purchasing Design Express services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Corey Klassen Interior Design recommends that you print of copy of this Agreement for your Records.

The purpose of these Terms are to confirm our agreement concerning the proposed Design Express Services selected at purchase which are to be rendered by us with respect to the service selected and are provided on a per-room basis. The selected area, kitchen, bath, living space, or workspace applies to your address provided on our Client Project Planner, which you will upload later.

Our Services

1. We will provide you with the included services as outlined on the package page at the time of purchase.

2. We will provide you with a Client Project Planner to be completed by you in detail. This document will formulate the basis of our understanding and the entire design concept and space planning solutions. 

3. On the basis of existing plans and measurements to be taken and confirmed by you, we will, and where we deem appropriate, we will perform the services as outlined at Purchase.

4. We will provide you with two (2) general conceptual design solutions to select from. These options will be the best solutions provided to you based upon the completed Client Project Planner, products available to you, and our expertise. Additional options are not available.

5. Upon completion of the Services, you will be provided with a completed schematics, specifications, and concepts. These services will be completed within thirty (30) days. You will print these documents on your own using the print function from our online platform.

6. Within 90 days of completion of services, and, if you should require a revision due to an unknown site parameter, discontinuation of stock or material backorder of a selected material, we will provide you with one (1) revision at no additional charge.

Your Responsibilities

7. All communications by you with will be limited to our online platform. You will not misuse our online platform, upload derogatory materials, berate or use obscene language with us, or otherwise violate any applicable laws while using our Service.

8. You will complete the Questionnaire and activities we provide to you in detail. You must be thorough and descriptive. A self-measure will be completed by you and scanned then uploaded to the Measures section in PDF format. This file size has a limit of 10MB.

9. You will respond to our messages and approval requests within three (3) days of our message to you. You understand that any additional delays beyond three (3) days will not guarantee completion of services within our guaranteed period.

10. You will review the Products we select for your room. You are limited to 5 revisions of any Product per purchase. Revisions can only be requested during the conceptual phase of the design, within approximately 2 weeks of purchase. Once we execute the design details, no Product revisions are permitted. Upon completion of the execution phase of your purchase, you agree to review the Deliverables ("drawings") and Products. You will approve both once your review is complete.

11. If the nature of the Project requires the engagement of a general contractor to perform work based upon our concepts, drawings or specifications (“Project Documents”), you will enter into contracts with the concerned contractor directly. We will not communicate, consult, advise, negotiate, or otherwise engage with the concerned contractor. 

Our Design Fee

12. For services described at Purchase, our design fee and payment is due upon purchase. Design fees are non-refundable and non-transferable.

13. Our design fee does not include time expended by us by reason of any one or more of the following: 

(a) Emails, telephone calls, messages, or other electronic communications with you outside of our provided online platform.

(b) Additional follow-up, communication, or contact with you as a result of incomplete or inaccurate information provided to us by you or your consultants.

(c) Additional revisions to the two (2) conceptual layout options.

(d) Printing or plotting of our Project Documents.

(d) Time expended in connection with custom-designed furniture and furnishings, including design time, drafting time, administrative time, production oversight, and the like.

(e) Material revisions required to be made by us because of inconsistencies in instructions, information, or plans previously provided by you, your architect or your other consultants.

(f) We are requested to perform any services not specifically provided for on the package page at time of Purchase. 

(g) Any revision revision is requested, through no fault of our own, of the finalized project documents.

(h) Consultation with you regarding items supplied or purchased by you. 

(f) You have requested more than two (2) choices of a particular item and would like to see more choices.

14. Any time expended by us by reason of any one or more of the foregoing events shall be billed as an Additional Service at the rate of $150.00 per hour plus applicable federal tax (5% G.S.T.). Services will be estimated and paid up-front before commencement of any Additional Service. No travel time will be provided.

Ending Our Agreement

15. You may terminate this agreement without cause at any time provided:

(a) We are (i) reimbursed for all out-of-pocket expenses incurred by us in connection with your Project and (ii) compensated for all services performed buy us up to and including the date of termination, irrespective of the attached Payment Schedule (hereinafter (i) and (ii) together will be “Accrued Costs”).

(b) You agree to indemnify and hold us free and harmless from and against any and all costs, claims or expenses, including reasonable attorneys’ fees and related costs, arising out of or relating in any manner to your subsequent use of the Project Documents.

(c) You release us from any further obligations we may have to you.

(d) You will not permit any other person, firm or entity to claim design credit for any work prepared by us prior to the date of termination.

All package purchases are non-refundable and non-transferable.

Other Matters

16. Disbursements incurred by us in the interests of this Project shall be reimbursed by you to us upon receipt of our invoices for such disbursements. Reimbursements shall include among other things, large-format printing (or blueprints), courier services, travel costs, long-distance telephone calls, duplications of plans and specifications, messenger or courier services, storage charges and the like.

17. Reimbursable expenses will be billed to you at their actual cost plus a ten (10%) percent service charge for administrative costs.

18. Our fees are subject to applicable federal sales tax (5% G.S.T.). Purchases are subject to applicable provincial sales tax (7% P.S.T.) and federal sales tax (5% G.S.T.)

19. Our Project Documents are conceptual in nature and intended to set forth design intent only and are not to be used for architectural or engineering construction purposes. We do not perform architectural or engineering services. If the service of any other design professional is required, such professional will be engaged by your directly

20. Should the nature of our Project Documents require the services of other design professionals, such professionals shall be engaged directly by you pursuant to separate agreement as may be mutually acceptable to you and such other design professionals.

21. Our services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air conditioning, plumbing, electrical, ventilation, audio, video or other mechanical systems installed or to be installed at the Project site.

22. As we require a permanent record of our design projects, you will permit us or our representatives to photograph the premises after completion and we will be entitled to use such photographs for our business purposes including publication. If any photographs are published by us, we shall not identify your name and address in any such publication.

23. The Project Documents prepared by our firm remain our exclusive property at all times. Except as otherwise provided for in this Agreement, Project Documents may not be used by you on any other project, or for the completion of this Project by you or any other firm unless we are determined to be in default of this Agreement.

24. You shall have the benefit of all guarantees and warranties possessed by us against suppliers and manufacturers, but only to the extent transferable. We make no warranties, however, for the goods or services we propose, design or provide over and above the manufacturer’s or supplier’s warranties. In particular, we cannot guarantee any fabric, material or article against fading, wearing or latent defects over and above the manufacturer’s warranty.

25. In light of the many contingencies that effect design projects, we do not make any representations that actual prices for Merchandise and other costs of services or labor, will not vary from any budgets that you propose, establish or approve. Accordingly, actual Project costs may vary from any such budgets.

26. Our project documents do not include plots or formats that may be submitted for building permit applications. It is your responsibility to obtain all approvals required by any governmental agency or otherwise in connection with this Project.

27. To the fullest extent permitted by law, our liability to you (and to those who may claim through or under you) in regard to any losses, claims or liabilities arising out of or relating to this Agreement and/or the services we perform for you or on your behalf shall not, for any reason, exceed the greater of (i) any available proceeds from insurance maintained by us (if any); or (ii) the total amount of fees actually paid by you to us under this Agreement. We are not responsible for any consequential damages; nor are we responsible for any loss, damage or delay that is caused by any reason beyond our reasonable control. In addition, by entering into this Agreement, you agree that we shall not be held liable under any contract that you may have with any other person or entity, including but not limited to any contract that you may have with any vendor, supplier, contractor or other design professional (even if we recommended such person or entity to you).

28. You agree to indemnify, defend and hold us 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 any architect, vendor, supplier, contractor or agent hired or retained by you.

29. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

30. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

31. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

32. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of British Columbia, without regard to the jurisdiction in which any action or special proceeding may be instituted.

By purchasing and using our services you agree to the terms and conditions set forth above.