TERMS + POLICIES
Please review the following basic rules that govern your use of our site. Please note that your use of our site and/or payment of any service constitutes your agreement to follow and be bound by these terms. We may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us at firstname.lastname@example.org
“Good People” Clause - We love our clients and are careful to work only with “Good People”. In return, we promise to be “Good People” to you. We have defined the term “Good People” as this: We operate from a place of mutual respect of each other’s time, inbox, and humanness. We promise to give you our full attention and respect toward your home/office, family/staff/patients, and your time during our work together, and ask that you do the same in return. Thank you for entrusting us with your project. If at any time a discrepancy arises, we ask that you bring up your concern immediately so that we can make sure to reconcile the issue promptly.
Brick+Palm Interiors Studio (B+P) is owned and operated by Brick and Palm, a New York limited liability corporation (“Brick+Palm”, “brick+palm” “B+P”, “we,” or “us”). As a customer of the Service or you're a “CLIENT” according to this agreement (or “you”, “your”).
GENERAL DESCRIPTION OF SERVICES
Interior Design is a broad category of services. The specific services to be provided by B+P., are outlined in the Project Scope and will be conducted in a workmanlike manner. Furniture, furnishings, fixtures, textiles, accessories, and building materials (collectively referred to as Merchandise) are an integral part of the design process. B+P works with the CLIENT in narrowing the selections based on the CLIENT’s needs, budget and aesthetic. B+P will assist the CLIENT in finding the appropriate pieces and selecting textiles and finishes that complement the overall design concept. Recommended Merchandise specifications can be provided to facilitate the purchase of such recommended items. B+P may assist with custom designed merchandise to be fabricated by a trade professional. B+P can also provide Purchasing Services with a signed Purchase Agreement. Always refer to your Project Scope for a description of specific services agreed upon.
BRICK+PALM, LLC will make every effort to ensure that suggested items fit with the lifestyle, space, and budget. It is the CLIENT’S responsibility to make the final decision if the product meets their quality and price expectations. CLIENT will have the opportunity to approve selections, ideas, and concept designs, throughout the design process. B+P cannot be held responsible for designs that may later be undesirable or cause inconvenience. Merchandise is very time specific. B+P cannot be held responsible for Merchandise, that may later be unavailable, or experienced a price increase. B+P is also not responsible for CLIENT’S indecisions or changes of mind after approval. It will be at the discretion of B+P to redesign/select based on circumstances. CLIENT understands that they are responsible for compensating B+P for design time regardless CLIENT’S final decision to execute design. CLIENT understands that all interior designs, including those provided by B+P, may represent the opinion and tastes of the designer as the designer interprets the CLIENT’s goals and wishes.
Unless explicitly outlined in your Project Scope, these services are typically not included: 3D renderings; Construction Coordination, Monitoring, or Scheduling; Change orders; Reimbursable expenses (see below); Interviewing, Hiring or Firing of contractors or tradespeople; Merchandise Purchasing, Ordering, Storage, Delivery, Assembly, or Moving. Some of these services may be requested for an additional fee.
Interior Design is a collaborative process between B+P and the CLIENT. The most successful projects happen when the CLIENT is actively involved in decision making and communicates in a timely manner. B+P will make every effort to complete the work within the time frame allotted and agrees to notify the client of anticipated delays. If through no fault of B+P, the project is delayed, CLIENT agrees to communicate in writing those changes immediately.
Depending on your type of service, billing may be hourly or a flat rate. Additional services may be requested at our hourly rate. Full service and a la carte services are billed hourly at the rate set in your Project Scope. Meetings requested by client during evenings or weekends will be billed at the hourly “Off-Rate” indicated in your Project Scope. Existing clients will be notified of hourly rate increases within 30 days of changes. All time is tracked with time keeping software and rounded to the 6th minute. All activities are tracked and billable. Billable hours include but are not limited to design time, administrative work, communications time, managing any errors not as a result of designer (such as manufacturer’s/trades errors), and travel time (see 10. Reimbursable Expenses). For hourly projects, billing terms are outlined in your Project Scope.
With a few exceptions, CLIENT may only communicate via email. Exceptions include Scheduled Phone Calls or calling/texting to cancel meetings within 24 hour period of meeting, or for other urgent matters. In most cases, CLIENT should not text. Most emails will receive a reply within 24 hours except on holidays and weekends. B+P agrees to communicate with contractors or subs through the CLIENT unless prior arrangements have been agreed to. CLIENT should communicate important delays, dates and deadlines (HOA, Construction schedules, dates out of town, etc.) as early as known.
Working Hours are set between Monday and Friday 9am-6pm EST or EDT depending on time of year. We are closed on Friday afternoons between Memorial Day and Labor Day. CLIENT should plan to make time for meetings and calls during these times. Because we are a small studio, we may be closed during periods of illness or caring for sick family members. We will do our best to provide advanced notice whenever possible.
ACCESS TO WORKSITE
CLIENT agrees to provide free access to worksite as needed.
Photography and video may be taken throughout the design process and may be used for Brick+Palm’s portfolio, social media, and marketing. Sources may be shared unless explicitly requested otherwise by the CLIENT. Upon project completion a professional photo shoot may be conducted. Your personal privacy is a priority. By signing this agreement, you consent to the following: Upon project completion, provide daytime access to the space for at least 4 hours for B+P staff, photographer, and any support staff. The space should be generally tidy. No images with faces, including family photos will be used without consent. No images will be published that indicate the physical address or CLIENT’S personal contact information. You acknowledge and consent to the use of photographs and videos for the express purpose of media, marketing, and professional documentation by and for Brick+Palm, LLC.
Reimbursable expenses are operating costs associated with the project that are not accounted for in the scope of services. These expenses will always be calculated with honest, fair, and transparent methods. Any unusual expenses will be pre-approved in writing via email. Please bring up any discrepancies immediately for resolution. The amount of reimbursables varies on a project-to- project basis. Plan to budget for these additional expenses.
Mileage: All travel related to project will be billed including site visits, meeting with vendors, materials shopping, post office, etc. Mileage is based on starting location of Brooklyn, NY 11217, unless actual start location is closer. The mileage rate used is based on the standard rate allowable by the IRS.
Printing: Prints are based on the following schedule: BW 8.5 x 11 $0.15; Color 8 x 11 $0.75; BW 11 x 17 $0.75; Color 11 x 17 $1.50; Large Format 10% markup of printer
Mailing: Mailing services will be invoiced at cost + 10% • Samples: Cost +10%. Generally material samples are complimentary. Occasionally, especially with smaller vendors, samples require a small fee. Samples over $10 will be approved by CLIENT in writing before purchase by B+P.
Travel Rate: CLIENT will not be billed for travel time unless travel exceeds 30 minutes or 15 miles one way. At this time, CLIENT will be billed at 50% of the Project Hourly Rate.
CLIENT may make changes to the design from time to time during the term of this Contract. However, any such change or modification shall only be made in a written “Change Order" which is signed and dated by both parties. Such Change Orders shall become part of this Contract. CLIENT agrees to pay any increase in the cost of the Construction work as a result of any written, dated and signed Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, B+P shall estimate the cost thereof and CLIENT shall pay the actual cost whether or not this cost is in excess of the estimated cost.
At any time during the project, CLIENT may request Additional Services (ADD Service) not outlined in the original scope of work. CLIENT agrees to make those requests in writing and must be agreed to by both parties. Such ADD Services will be covered by these Terms of Service.
B+P will make every effort to provide full and accurate pricing information as available at the time of service. Additional charges include, but not are limited to, freight, shipping, and taxes. At times Freight costs are not available at time orders are made. CLIENT is responsible to pay for such costs.
Design projects often require the expertise of outside tradespeople such as but not limited to, carpenters, tile setters, electricians, sewing workrooms, upholsterers, painters, etc. The CLIENT may choose to retain and hire these tradespeople independently or with the recommendation of B+P. CLIENT agrees to indemnify and hold B+P, its officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of the activities to be carried out, by these tradespeople.
SHOP AND MERCHANDISE
All merchandise on Designer’s website are sold from Vendors not affiliated with Designer. Clients will be redirected to an outside website not affiliated with Designer. Designer is not responsible for any problems that arise from the purchase of these products.
TERMINATION OF CONTRACT
The CLIENT and B+P have the right to terminate the contract for any reason. It will be required by both parties to give written notice no later than 7 days. Should the project go on hold through no fault of B+P, compensation is required for all work performed up to the date notice of termination is received by B+P.
CLIENT agrees to indemnify and hold B+P, its officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, including, but not limited to, the use by CLIENT of the results obtained from the activities performed by B+P under this Agreement.
As allowed by state law, no warranties or guarantees, express or implied, are made with respect to any services or products provided under this agreement, and any implied warranties of merchantability or fitness for a particular purpose are expressly disclaimed.
CLIENT Agrees to pay B+P based on the terms outlined in the Project Scope. B+P has provided an estimate of the hours it will take to complete the Scope of Work with a high level of quality. This is only an estimate. The actual time may vary, and CLIENT agrees to compensate B+P for the time it takes to achieve desired results, including but not limited to time to design, research, implement, correct and/or facilitate the design.
Payments for goods and services will be handled by an external secure processor in accordance with their data security policies. Payments will be handled exclusively through Stripe or Paypal (unless agreed upon by both parties). Payment is due upon receipt of Invoice. Any declined payments will incur a $150.00 USD fee and Designer reserves the right to cease all work until alternative payment arrangements are made.