Initial Consultation Terms & Conditions

These Initial Consultation Terms & Conditions govern the relationship between the Parties.

 Parties

You are the Client, and your details are set out on the Invoice.

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 continuing to work with Kate Kerin Interiors after receiving these Initial Consultation Terms & Conditions, you accept the terms and conditions and agree to the below.

C.    These Initial Consultation Terms & Conditions are read in conjunction with the Invoice provided to you at the time of providing these terms and conditions (Invoice) 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 in the Invoice.

(b)     Kate Kerin Interiors agrees to commence the Services upon acceptance of these Initial Consultation Terms & Conditions, upon payment of the required fees as invoiced to You, and once a date for the Services has been agreed via email.  

(c)     Kate Kerin Interiors will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services (Refund).

2.        Fees and Invoicing

(a)     You agree to pay Kate Kerin Interiors the Fees set out in the Invoice.

(b)     The Fees payable to Kate Kerin Interiors to perform the Services may be adjusted from time to time as agreed by the Parties in writing (including email) on account of changes in relation to the nature of the Services to be performed by Kate Kerin Interiors.

(c)     You agree to make Payment of the Fees by the method prescribed in the Invoice.

(d)     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, exclusive amounts.

3.        Intellectual Property Rights

(a)     You recognise and acknowledge that all Intellectual Property is the property of Kate Kerin Interiors, and You will take all such steps as practicable to ensure that the 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.

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.        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.

6.        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.

7.         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.

8.        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.

9.        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.

10.  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.

11.     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.

12.     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.