1. ENTIRE AGREEMENT This Agreement is the offer of Mesh Design Projects (herein referred to as “the Designer”), to perform the consulting services described in the attached Proposal for Pre-Design and Basic Design Services. Acceptance by the Client is strictly limited to the attached Proposal and these Terms and Conditions for Design Services, which when acknowledged in writing, is authorization to proceed. The Client is defined as the person or business entity signing the Agreement authorizing the Designer to proceed. This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement of the Terms and Conditions hereof. This Agreement may only be modified in writing executed by both parties.
2. SERVICES TO BE PERFORMED The services to be performed are described in the preceding Proposal for Pre-Design and Design Services. Unless otherwise specified in the Proposal or the Terms and Conditions, the Designer shall furnish all technical and professional services, including labour, materials, supplies, equipment, transportation and supervision to perform all tasks listed in the Proposal.
3. COMPENSATION Fee. The attached Proposal describes the tasks, phases and compensation terms. Terms of Payment. Invoices shall be submitted upon at the start and completion of a phase or monthly based on percentage complete at that time. Payments are due upon the Client’s receipt of invoice. Amounts that are unpaid thirty (30) days after the invoice date shall bear interest at the rate of one and one-half percent (1-1/2%) per month. A minimum finance charge of $10.00 shall be assessed on all overdue payments. Suspension. If any payment is more than thirty (30) days past due, the Designer may, after giving seven (7) days written notice to the Client, suspend services under this Agreement until the Designer is paid in full all amounts due for services, expenses, and other charges. Additionally, in the event of suspension, the Client shall waive all rights, claims, etc. which it might otherwise have against the Designer as a direct or indirect result of such suspension.
4. ADDITIONAL SERVICES All Additional Services shall be approved by the Client and the Designer in writing prior to proceeding. The following are Additional Services that are not specified above and are considered beyond the Basic Design Services.
Master Planning – The Designer may assist the Client in developing and preparing a long-term Master Plan. All work associated with the Master Plan, including all preliminary design work, shall be considered an Additional Service.
Redesign to meet Project Budget Costs – The Client is responsible to establish Project Budget Costs and obtain required cost estimates. If the Designer is not contracted to provide Cost Estimating services, the Designer shall not be liable to redesign to meet the project budget costs. If redesign is required due to revised or miscalculated project budget costs furnished by a party other than the Designer, the time required shall be considered Additional Services.
Public Hearings / Municipal Filings – In the event a Public Hearing is required for a municipal agency (Council meeting, Planning Board, VCAT meeting etc.), the Designer shall invoice the Client on an hourly basis for both the preparation and time spent at the meeting.
Interior Design Services – The Designer may assist the Client in the selection of plumbing fixtures, plumbing fittings, hardware, appliances, kitchen cabinets, lighting, tile, stone slabs, furniture, fabric, carpets, paint colours, artwork, accessories, etc. Interior Design Services shall be considered Additional Services.
Built-in Joinery – The Designer may design built-in joinery, such as bookshelves, audio/video cabinets, window seats, computer workstations, etc. The design of such built-in joinery shall be considered Additional Services.
3D Modeling Renders– The Designer may develop and prepare a three-dimensional computer model and/or physical scale model of the proposed project for the Client. All 3D modeling renders shall be considered Additional Services. 6. SCHEDULE The Designer shall commence work on this project within twenty (20) business days of authorization to proceed. If through no fault of the Designer, Basic Design Services has not been completed within twelve (12) months of the date first specified on the Proposal for Basic Design Services, compensation for the Designer’s services beyond that time shall be considered Additional Services.
7. OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the Designer pursuant to this Agreement are instruments of the Designer’s professional service, and the Designer shall retain an ownership and property interest therein. The Designer grants the Client a licen