Initial Consultation
Booking Terms & Conditions
These Initial/In-home Consultation Booking Terms & Conditions govern your booking and payment for your initial/in-home'
consultation with Kate Kerin Interiors.
By clicking to accept/agree, you agree to the terms and conditions set out below.
Parties
You are the Client, and your details are set out on the booking page of the website, www.kkinteriors.com.au (Website).
AND –
Kate Kerin Interiors Pty Ltd (abn: 20 664 415 785) of 104 The Bulwark, Castlecrag NSW 2068 (Kate Kerin Interiors).
Summary
A. Kate Kerin Interiors offers an initial design consultation to undertake research and due diligence into your property, to enable Kate Kerin Interiors to develop the proposal for your building or interior design project (Services). You have engaged Kate Kerin Interiors to provide the Services.
B. By clicking to accept/agree to these Initial Consultation Booking Terms & Conditions, and proceeding with your booking, you accept the terms and conditions set out below.
C. These Initial Consultation Booking Terms & Conditions are read in conjunction with the details on the booking page of the website (Booking Page) and are collectively referred to as the Agreement (Agreement).
The Parties agree as follows:
1. The Engagement
(a) Kate Kerin Interiors agrees to perform the Services for You, for the Fees, as set out on the Booking Page.
(b) Kate Kerin Interiors will only provide you with a refund of the Fees in the event Kate Kerin Interiors is unable to continue to provide the Services (Refund).
2. Personal Information
(a) When making a booking, you will be required to provide personal information such as your full name, address and e-mail address.
(b) You agree that all details that you have provided in completing the booking are true and correct.
(c) Your personal information is kept in accordance with the Kate Kerin Interiors Privacy Policy (Privacy Policy) which can be accessed on the Website.
3. Booking of Services
(a) Kate Kerin Interiors offers bookings for the Services to be made via the available booking system on the Website (Booking System).
(b) If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.
(c) In using the Booking System to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Booking Page for the Services (Purchase Price).
(d) Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
(e) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
4. Rescheduling
(a) You agree to notify Kate Kerin Interiors of an intention to reschedule the Services as soon as practicable through e-mail or telephone and abide by the following (Rescheduling Policy).
(b) If you need to reschedule the Services, you agree to provide at least 48 hours notice to Kate Kerin Interiors, and Kate Kerin Interiors will then take all reasonable steps (subject to availability) to accommodate your rescheduling request.
(c) If you provide less than 48 hours notice to Kate Kerin Interiors of your intention to reschedule the Services, you agree that you will forfeit 50% of the total fees payable for the Services (Rescheduling Fee). Kate Kerin Interiors will take all reasonable steps (subject to availability) to accommodate your rescheduling request upon full payment of the Rescheduling Fee.
5. Intellectual Property Rights
(a) You recognise and acknowledge that all intellectual property associated with the Services is the property of Kate Kerin Interiors, and You will take all such steps as practicable to ensure that such intellectual property will vest in and remain vested in Kate Kerin Interiors.
(b) Kate Kerin Interiors grants to You a non-exclusive, transferable, royalty-free, perpetual license to use any intellectual property rights owned by Kate Kerin Interiors that have been developed in relation to the Services.
(c) You hereby indemnify and agree to keep indemnified Kate Kerin Interiors against all liability, losses or expenses incurred by Kate Kerin Interiors in relation to or in any way directly or indirectly connected with any breach of intellectual property rights by You or your agents.
6. Marketing
(a) By submitting testimonials or reviews related to the Services provided by Kate Kerin Interiors, you grant Kate Kerin Interiors a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such testimonials or reviews in any media, for marketing, advertising, and promotional purposes. You acknowledge that Kate Kerin Interiors may use your testimonials or reviews with your full name, or anonymously, and agree that Kate Kerin Interiors is under no obligation to compensate you for the use of your testimonials or reviews.
(b) By agreeing to work with Kate Kerin Interiors you consent to your name and email address being added to the Kate Kerin Interiors email list. You can unsubscribe at any time by following the link in emails sent to you.
7. Termination of this Agreement
(a) Either party may terminate this Agreement for any reason by providing 7 days written notice to the other party.
(b) Either party may terminate this Agreement for a breach of these terms and conditions by the other party by providing 3 days written notice to the other party by email.
(c) If this Agreement is terminated, where applicable, You agree to pay Kate Kerin Interiors for the portion of the Services completed up to the date and time of termination.
8. Liability
Kate Kerin Interiors’ total liability arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (excluding negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
9. Disclosure and Use of Confidential Information
(a) All obligations of confidence set out in this Agreement continue in full force and effect after the completion of the Services.
(b) The Parties must not disclose any Confidential Information to any third party, including any customer and/or agents, employees or servants, without your prior consent.
(c) This Agreement prohibits the disclosure of Confidential Information by either Party with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of the relevant party.
10. Dispute Resolution
If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed or his or her nominee and attend a mediation.
11. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
12. Governing Law & Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to this Agreement or the Services, the parties agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.
13. Severance
Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
14. Entire Agreement and Modifications
The parties confirm and acknowledge that these Initial Consultation Terms & Conditions and the Invoice constitute the entire agreement between them and will supersede and override all previous communications, either oral or written, between the parties.
END