Virtual Interior Design
Terms & Conditions
Isla B Consulting Pty Ltd, trading as Bella Vie Interiors (ABN 36 439 318 272) (‘BVI’) provides virtual interior design services as set out below (the ‘Services’). You, (the ‘Client’) agree to engage BVI to provide the Services on the following terms & conditions, forming an agreement between BVI and the Client (the ‘Agreement’) on the date of purchase (the ‘Effective Date’). The Client agrees that she/he has read and accepted these Terms & Conditions.
Price and Payment.
Prices are set out on the BVI website and are inclusive of taxes (including goods and services tax), unless otherwise quoted. Payment is due prior to BVI delivering the Services to the Client. If the Client requests an invoice, payment for Services is due upon receipt of the invoice.
Within 2 business days of the Effective Date, BVI will provide the Client with a request for i) completing an initial survey entitled ‘Defining Your Brief’ and ii) additional information as reasonably required by BVI (including but not limited to floor plans and photographs) (collectively, ‘Client Materials’). The Client must provide BVI the Client Materials within 5 business days of receiving the request. Once the Client completes and returns the Client Materials, BVI will commence the Services.
BVI will exercise all due care, skill and attention in providing the Services. The Services include BVI preparing digital design deliverables as follows:
i. If the Client has purchased an Essentials Package, BVI will prepare for the Client:
a. Mood Board
b. Furniture Plan
c. Lighting Plan
d. One Revision
e. Procurement and Installation Guide
(together, the ‘Essentials Deliverables’).
ii. If the Client has purchased a Luxury Package, BVI will prepare for the Client:
a. Mood Board
b. Furniture Plan
c. Lighting Plan
d. Finishes Plan
e. Two 3D Renders of your space
f. Furniture, Fittings & Equipment Schedule
g. Finishes Samples sent to you (where available)
h. One Revision
i. Procurement and Installation Guide
(together, the ‘Luxury Deliverables’).
The Client can also elect to purchase Optional Extras for their package. Details of the Optional Extras including available selections and pricing are set out on the BVI website.
For both Essentials and Luxury Packages, the Client is entitled to one (1) revision of any or all of the
individual deliverables in that package. A revision request from the Client must be provided to BVI
within 10 business days of receiving the Essentials Deliverables or Luxury Deliverables.
These Terms and Conditions incorporate the Virtual Services Frequently Asked Questions,
accessible at here – Virtual Interior Design FAQ.
If any measurements for the deliverables are provided by the Client, BVI relies entirely upon such in designing the work that is part of the Services. It is the Client’s responsibility to ensure that all measurements required are provided and that all measurements are accurate. BVI does not accept any responsibility nor any liability in the event that any recommended product does not fit the space as shown on a relevant floorplan due to the Client’s failure to provide any measurements and/or in providing incorrect and/or inaccurate measurements.
Within the relevant deliverables, BVI will provide the Client a list of products (including but not limited to furniture, lighting, and artwork) by way of recommendation. Listed products may be accompanied by specific product details including but not limited to dimensions, colour options and recommended retail prices. All purchases made by the Client from any supplier recommended by BVI be i) at the Client’s own risk and expense, and ii) subject to suppliers’ own processes, terms and conditions, and policies.
No transfer of ownership of any intellectual property occurs under this Agreement. BVI retains copyright in all Essentials Deliverables and Luxury Deliverables. BVI grants the Client an express, non-exclusive, revocable licence to use the relevant Essentials Deliverables and/or Luxury Deliverables produced under this Agreement.
Other than as set out in this Agreement, no additional services are included in the Essentials and Luxury Packages. If any additional services are requested to BVI by the Client, including by way of example BVI assisting with additional revisions, furniture purchasing, installation support or further consultancy services, such additional services will be subject to additional cost and agreement in writing.
BVI is not liable in contract, tort (including negligence), equity or otherwise to the Client, or any third party in respect of any direct, indirect, incidental, collateral, special, economic or consequential loss or damage or expenses suffered by them, whether for damages for loss of profits, loss of business revenue, loss of business opportunities, loss of anticipated savings or damage to goodwill, or otherwise arising out of, or in connection with this Agreement. BVI’s cumulative liability to the Client for all claims made by Client under or in connection with this Agreement whether arising under contract, negligence or any other tort, under statute or otherwise
at all will not exceed the total price paid or payable to BVI under this Agreement. BVI shall not be liable to the client in respect of any loss or damage caused by, due to or as a consequence of any accident or neglect by the Client or a third-party contractor engaged or selected by the Client. Nothing in this Agreement excludes or limits any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the ACL (including any consumer guarantee) which
cannot be lawfully excluded or limited.
Either party may terminate this agreement in the event the other party breaches a material provision of this Agreement and fails to remedy that breach within 14 days of having received written notice of the breach. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate this Agreement and cancel any unfulfilled obligations. Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
If Client is dissatisfied with any BVI services purchased under this Agreement and disagrees with BVI’s proposed resolution, the parties both agree to use commercially reasonable endeavours to resolve the matter. If the matter has not been resolved within 30 days of the dispute being raised, the parties must endeavour to settle the dispute by mediation.
Variation/s means a change to this Agreement, including changes to the Scope of Work or Terms & Conditions, that causes any adjustment to the Project including in relation to any fixed or non-fixed pricing components. Variations to the Agreement will be made only through a written amendment signed by both parties.
BVI will not be liable for performance delays or for non-performance due to causes beyond its reasonable control including but not limited to; inclement weather, the unavailability of Materials, Variations, acts of war, civil disturbance, and acts of God. If there is a Delayed Event the Milestone Date for that part of the Project shall be extended by the period of the delay.
A party may only use confidential information of another party for the purposes of this agreement, and must keep the existence and the terms of this agreement and any confidential information of another party confidential except where the information:
i. was known or becomes known to the receiving party without obligation of confidentiality;
ii. is disclosed as required by law, or
iii. is disclosed to a person who must know for the purposes of this agreement on the basis that the person keeps the information confidential.
In providing the Services under this Agreement it is agreed that BVI is an independent contractor and not an employee. BVI and the Client agree that this Agreement does not create a partnership or joint venture between them.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
This Agreement represents our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist.
Transfer of Rights.
The Client must not assign, novate or transfer any or all of its rights or obligations under this Agreement without BVI’s prior written consent (not to be unreasonably withheld or delayed).
This Agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
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