Terms of Service
SCHEDULE A
Services to be provided by YYH Design to the client under this agreement are as follows:
A 1.1 Brief Establishment
Designer shall discuss the details of the project with the client, to enable the designer to prepare a comprehensive written brief that describes the extent of the commission for approval by the client. The brief may require the preparation of preliminary or full measured surveys of a property or location; or detailed feasibility studies may be required before preparation of the sketch design stage and following phases of the project.
A 1.2 Schematic Design
Preparation of block, stack and sketch plan proposals as necessary; illustrated sketches if appropriate, indicative budget estimates and client’s response.
A 1.3 Design Development
Preparation of developed design including, plans & elevations, colour scheme including samples, fittings & finishes specification and furniture proposal if applied depending on the services package approved by the client; liaison with and coordination of other services and specialist consultants. Provision of developed program and indicative cost estimates.
A 1.4 Contract Documentation
Preparation of documents as necessary including co-ordination and integration of other relevant consultant documentation as necessary to call tenders, including Working Drawings and Documentation for application of Building Permits. Updated indicative cost estimate.
A 1.5 Contract Administration – (optional)
Calling of tenders in conjunction with and on behalf of the client; answering tenderers’ queries; analysis and advice on tenders received; negotiation and preparation of documents to the point of signing of construction contract.
A 1.6 Supply of Furniture & Furnishings
The interior designer will organise, supply and supervise the furniture and furnishings as required. All purchases of furniture, furnishings and the like will only be made after a final price for each item is agreed to by the client.
SCHEDULE B
Limited Conditions of Engagement
B1 Interior Designers Responsibility and Authority
B1.01 Service
In the performance of the Services, the interior designer will exercise reasonable skill
and care in the conformity with the customary standards in the interior design
profession.
B1.02 Authority
The client authorises the interior designers to act on their behalf as the client’s agent in all matters as are set out or implied in this agreement.
B1.03 Variations to Design
The interior designers shall not make any material alteration to, addition to or omission
from the approved design without the consent of the client, except in case or urgency
during construction, in which case the designer will subsequently notify the client
promptly.
B2 Client’s Responsibilities
B2.01 Client’s Instructions
The client shall give to the interior designer’s instruction adequate to define the client’s requirement, including programme and budget.
B2.02 Client’s Representative
The client shall nominate in writing a person with authority to give instructions to the interior designers with respect to the project.
B2.03 Access
The client will provide access to the site for all appropriate tradesman, suppliers and the like at reasonable times during working hours.
B3 Fee Terms and Conditions
B3.01 Fees for Project
Fees and charges for the project will be as set out in the quotation from the interior designer to the client.
B3.02 Payments
Invoices for hourly fees will be submitted to the client by the interior designers on a
monthly basis. Payment terms are net seven (7) calendar days from date of invoice. A
deposit of 50% of the value of goods ordered is required for furniture and furnishings
supplied in order to activate orders and the balance will be due on delivery of items.
B3.03 Overdue Payments
The interior designers are entitled to interest on all fees due and not paid within 30
calendar days of date of invoice. Such interest will be calculated and charged at the
current Trading Bank benchmark rate for overdrafts plus 5%.
B3.04 Disbursements
The client shall reimburse the interior designers for expenses incurred by the interior designers in respect of:
- Fees paid by the designer to statutory authorities
- The provision of more than six (6) copies of any drawings or documents requested by the client or other consultants involved with the project
- Special services requested by the client, such as perspective drawings, models etc., not covered by this agreement
- STD and ISD telephone calls, airfreight and courier services
- Any travel expenses related to carrying out the project that exceeds 30km in each direction
- Photographic records required by the client of the project.
B4 Termination
B4.01 Design and Construction Phase of the Project
This agreement may be terminated by either party on the expiration of 30 days’ notice in
writing being given to the other, during the construction phase of the project, relating to
hourly fees. Where the Agreement is terminated by the interior designers, or by the client
by reason of breach of the Agreement by the interior designer (being a breach which the
interior designer fails to remedy within 7 days of receipt of a notice in writing from the client
specifying the breach and requiring it to be remedied), the interior designer shall be entitled
to payment for work done up to and including the date of the termination together with
reimbursement of expenses incurred or which will reasonably be incurred.
B4.02 Items Ordered on Behalf of Client
In the event of notice of termination being given by the client to the interior designer in terms
of B4.01, the client must pay for all items which have been ordered by the interior
designer on their behalf to that date.
B5 Copyright
The drawings, specifications and other documents provided by the interior designer are the
property of the interior designer whether the work for which they are made is executed or
not. The client is licensed to use the drawings and other documents for the works for
which they are made. They shall not be used for other work except by agreement with
the interior designer. The interior designer may terminate the license if the client
breaches their obligation to pay the interior designer. Copyright in all drawings, specifications
and other documents and in the work executed from them remains the property of the
interior designer.