DESIGN SERVICES AGREEMENT
Home Love Toledo, LLC
By purchasing interior design services (the “Services”) from Home Love Toledo, LLC (“Home Love Toledo”) I, the “Customer”, hereby acknowledge, accept, and agree to the following terms and conditions set forth in this Design Services Agreement (the “Agreement”).
1. The Services. Home Love Toledo is a digital interior design consulting service. No physical product will be shipped; Customer will be provided with a digital interior design rendering (the “Design”) for the space(s) for which Home Love Toledo is hired to provide the Services. Customer’s credit or debit card shall be charged prior to Home Love Toledo commencing the Services. The space for which the Design shall be rendered shall be determined by Customer upon checkout, and the price thereof shall be the price for such type of space as set forth on the “Current Rates” listed on www.homelovetoledo.com.
Customer acknowledges that Home Love Toledo shall provide design suggestions/recommendations only, and that Customer is solely responsible for executing the Design. Customer is further responsible for measuring the space(s) to purchase suggested items, as called for by the Design, at the appropriate size.
Customer further understands that the Designs are for personal use only. Customer is permitted to print one copy for personal use, and that no part of the Design shall be reproduced or shared electronically or by photocopying without written permission from Home Love Toledo.
2. Refunds and Revisions. The Services are nonrefundable unless a technical error occurs. However, Home Love Toledo shall provide one (1) revision of the Design if Customer is unsatisfied with the Design, so long as Customer notifies Home Love Toledo within thirty (30) days of receiving the Design, by emailing Home Love Toledo at homelovetoledo@gmail.com.
Further, Customer shall communicate with Home Love Toledo in a reasonable and timely manner after contracting for the Services and throughout the process of creating the Design; otherwise, Home Love Toledo may terminate the relationship with Customer without refund to Customer.
3. Limitations on Design. Customer understands the Design shall be conceptual in nature and is intended to set forth interior design intent; the Design are not to be used for architectural or engineering purposes. Further, the Design may not provide complete accuracy in terms of elements including, but not limited to, square footage, scale, wall height, window design, door width, etc. The Design expressly does not address or make any representations regarding modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems.
4. No Warranties. HOME LOVE TOLEDO HEREBY DISCLAIMS ALL WARRANTIES, EXCEPT ANY WARRANTIES EXPRESSLY AGREED TO IN WRITING, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Third Parties. Home Love Toledo is not a retailer or supplier, nor does Home Love Toledo control third-party retailer pricing on merchandise suggested. Home Love Toledo is not obligated to assist in any way with the purchase of suggested products. Customer understands that if the Design requires contractors and/or other consultants to perform work based on Design, Customer will be solely responsible for engaging and hiring the same. Home Love Toledo provides no warranties or guarantees, and holds no responsibility for the performance, quality, or timely completion of, any work performed or materials installed by contractors or their agents or employees.
6. No Liability. Home Love Toledo shall not be liable to Customer or third parties for any losses or damages by Customer or Customer’s guests, invitees, or contractors and their agents or employees, or any other individuals, relating to, or arising out of, the implementation by Customer of the Design, nor shall Home Love Toledo be liable for any damages or refunds for negligence or errors arising from Home Love Toledo’s good faith reliance on information provided by Customer. Customer shall indemnify, hold harmless, and defend Home Love Toledo for any and all claims against Home Love Toledo related to damages arising from this Agreement, or relating to the Services.
7. Claims and Damages: Owner must present all claims (tortuous, contractual, statutory, or otherwise) arising from this Agreement, or relating to the Services, to Home Love Toledo within sixty (60) days from when Customer knows or should know of the claim, and must sue all claims in court within one year from the same date, or the same are barred. This contractual limitations-period replaces all other statutes of limitations. Home Love Toledo shall not be responsible to Customer or others for consequential, incidental, or special damages, attorney fees, loss of use, loss of rent, lost profits, loss of marketability, or loss of market value. All damages are limited to the lowest of: (a) actual cash value of the damage item/area, (b) cost of repair, or (c) the price Customer paid to Home Love Toledo.
8. Delay/Unknown Conditions: Home Love Toledo’s failure to perform any term or condition of this Contract due to conditions beyond its control such as, but not limited to, strikes, fires, floods, Acts of God, material shortages, or Customer’s inability to provide payment, do not constitute abandonment and are not included in calculating time frames for performance by Home Love Toledo. Home Love Toledo and Customer have determined that a definite completion date is not of the essence of this contract.
9. Privacy Policy. Customer acknowledges and accepts Home Love Toledo’s Privacy Policy, following this Agreement and incorporated herein by reference.
10. Entire Agreement. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. The terms of this Agreement may not be changed unless agreed to in writing by both parties.
11. Governing Law. This Agreement and all matters related to, or arising out of, the services provided to Customer by Home Love Toledo, shall be governed by the laws of the State of Ohio. Any claims or actions related thereto shall be brought in a court of competent jurisdiction in Lucas County, Ohio.
12. Severability. If any provision of this Article is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable and the offending provision shall only be limited to the least extent necessary to be enforceable and in a manner best reflecting the original intent of the parties hereto.
13. Binding Effect. This Agreement shall inure to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto.