ONLINE INTERIOR DESIGN AGREEMENT
Homzie, Inc.
Thanks for choosing Homzie, Inc. (“we,” “us,” “our” and “Designer”). We are excited to help our newest client (“you,” “your”, “Client”) in creating a beautiful space (the “Design Space”) within your property! This Agreement is between “Client” and Homzie, Inc. (“Designer”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Designer providing online interior decorating services for Client. This Agreement shall become effective upon the date of the Client’s package purchase and will remain in effect until all services are fully completed or until otherwise terminated per this Agreement (the “Term”). Any proposal or document provided to you prior to the execution of this Agreement is intended for informative purposes only, and in the event of a conflict, this Agreement will prevail.
I. SERVICES
Homzie, Inc. provides virtual interior design services, and such services may include the following:
Developing interior design plans, mood boards, renderings, sketches, notes, floor plans, color palettes, finish specifications, and interior furnishing specifications (collectively the “Design Plans”), which may include fabrics/textiles, upholstery, flooring, shelving, architectural treatments, accessories, appliances, lighting, artwork, plants, furniture, and other decorative, furnishing and material choices for your space (collectively the “Interior Items/Furnishings”).
Providing you with a source list of the Interior Items/Furnishings so that you can order and purchase the Interior Items/Furnishings (the “Source List”). The specific services to be carried out by us for you are stated in the SOW (the “Statement of Work”). Under this Agreement, we do not provide ordering and purchasing services.
2. STATEMENT OF WORK “SOW”
Design package fees are charged at a “per room” flat rate. All design fees are due at the time of purchase. Additional design services requested outside of our designated packages will be billed at our hourly rate of $85.00. Homzie, Inc. is always working to improve our virtual design service offerings to best fit Client needs. Package offerings and prices listed on our website work with us webpage are considered valid and supersede the outline of the statement of work including both pricing and scope listed below. Your design package price and service offerings are valid at the time of purchase. Your design package may include some of the following virtual design services. Client is responsible for selecting the design package that best fits their needs prior to purchase.
Project Questionnaire
Customers will receive design recommendations based on the Client provided project questionnaire answers video or other material submitted by the client. This thorough project questionnaire includes pictures of the Client’s space, room measurements, budget, style preferences, inspiration images, and more. Only once Homzie, Inc. has received a satisfactorily completed questionnaire will the Designer begin work on the project. Delays in completing the Project Questionnaire or providing requested information will result in delays or project termination.
Kick-Off Call
Regardless of the number of rooms selected for a design project, each Client project will recieve one 30-minute kick-off meeting where the Client and Designer communicate via video conference to go over details surrounding the project. During this meeting, the Client is expected to be able to be in the room(s) purchased for their project. Timeline and estimated project start dates will be discussed during this call.
Furniture Layout
Furniture Layouts are used at the Designer’s discretion to showcase possible furniture layout options within a space. If a furniture layout is created Client must first approve of a layout option before the Designer can begin creating additional 2D and/or 3D design boards.
2D Design Board
A designer-coordinated mood board showing the Client how the Designer recommended products might coordinate together. This is where the Client will provide product feedback and be able to shop their design links at the conclusion of the project.
3D Design Board
A three-dimensional design board is created to give the client a realistic visualization of how your selections might look in your space. The number of space views and perspectives is at the Designer’s discretion. Requests for additional 3D perspectives may be charged at our hourly rate.
Shoppable Links
Once a Client’s project has been finalized, the Designer will enable the individual products in Client’s source list to be shoppable. Only those items approved by the Client will be made shoppable. Homzie, Inc. will likely design with more pieces than allotted for, per the budget, and that is done as a service to the Client. The client understands they are in no way obligated to purchase the additional pieces.
Design Walk-Through Video
Designer screen-recording video walk-through communicating the vision of the design plan. This is often a client favorite feature as it helps virtual design clients to visualize and hear the thoughtful consideration that went into each selection in their design plan.
Messaging with Designer
Communication with the Designer takes place via our online design studio platform and email. Additional communication requests or avenues may be subject to our hourly design rate.
Design Install Video
As a courtesy to the Client the Designer will provide installation instructions for how to implement the Client's design plan. This video will not be deleted or expire so the client and refer back to it for questions concerning the implementation of their products into their space.
5-Day Revision Window
Some of our virtual design service packages come with a client revision window. During this 5-day window immediately following the initial design concept walk-through presentation, Clients can leave feedback, request adjustments, and approve or reject products for their source list. Most Clients only require 3-4 product adjustments before final approval is given. While rarely needed, the Designer can create up to 2 room design revisions before invoking an hourly design rate. Only after the Client has approved their source list, are shopping links provided
7-Day Link Guarantee
Homzie, Inc. offers a generous 7-day link guarantee policy by which if any product on the provided finalized source list’s status changes to out-of-stock within the 7 days immediately following a project’s completion the Designer will attempt to resource a suitable replacement without the Client incurring additional fees.
3. PROJECT SCHEDULE
The (“Project Schedule”) is to be outlined and agreed upon during the Client kick-off call with their Designer. Both parties will agree to adhere to the deadlines to the best of their abilities. Any failure by Client to make a deadline will result in a delay to the Project Schedule and may incur additional fees as outlined below. The Designer will do their best to strictly adhere to all deadlines the best of their ability and will communicate any unforeseen delays promptly. Unless a delay is attributed to Client or there is a Force Majeure Event.
Client timelines are set on a Project basis and will be outlined during the kick-off call. Designer workload, availability, and seasonal changes may result in longer wait times for projects to be started or completed. All projects are considered ready to begin only once a satisfactory project questionnaire has been received and reviewed by the Designer. The examples given below of project timelines are for example purposes only and do not constitute any promise of delivery.
Typically single-room projects are ready for the Client to shop their design plan in 3-4 weeks. Timelines may be shorter if no revision window exists.
Multi-room project timelines can vary drastically however 6-8 weeks is a typical timeline.
Timelines listed remain dependent on Client prompt communication and Designer availability and do not constitute any promise of delivery.
4. PAYMENT METHOD
All payments for Service Fees are due at the time of checkout. Client will be required to pay any returned payment fees. Alternative payment methods may be mutually agreed upon.
Any invoice not paid in full within 7 days of receipt will be charged a $75.00 late fee. In the event Client fails to remit payment as specified or does not pay an invoice within 30 days, Designer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, invoice Client for any outstanding balance, and is not required to complete the final interior design project duties as outlined in.
Any additional services beyond the scope of this Agreement will be billed by Designer to Client at a rate of $85.00 per hour. All Service Fees made are non-refundable upon payment.
5. CHANGE IN SERVICES
We understand that, at times, changes may need to be made to the scope of Services initially agreed on. If you decide that you would like to change or extend the Services outlined in your design package, we request that you provide us written notice outlining the proposed changes. We do not allow for decreases in Services after the execution of this Agreement. We may have to decline the proposed changes, and we reserve the right to do so. Any acceptance of proposed changes may be subject to fee increases, additional upfront payment of fees, and extension of the Delivery. All changes and additional services will be subject to this Agreement. Client must pay the additional design fee for Designer to start on additional projects.
6. GIFT CARDS
Treat this card as cash. It will not be replaced if lost or stolen. Redeemable at Homzie, Inc. for virtual design services not exceeding the remaining credit balance on this card. Valid two years from the date of purchase.
7. APPROVALS, REVISIONS & INFORMATION
While rendering the Services, we may request for approvals, revisions, or information to be provided to us. We generally request that you return all approvals, revisions, and information to us within 48 hours. Please note that at times we may need a quicker turnaround on approvals, revisions, and information, and you agree to comply with such requirements as they are communicated to you. You must ensure that all information provided to us is correct, especially measurements. We will not be responsible for errors due to incorrect information provided and will charge our Hourly Rate to correct any such errors.
8. PROMPT COMMUNICATION
Designer’s primary source of communication is through our virtual design studio platform or through email. Designer will generally respond to any Client inquiry within 48 hours Client agrees and understands that Designer may take holidays and vacations off throughout the year. Designer will notify Client within 3 days of these time periods. Client recognizes that any delay in communication may result in delivery delays, extension of service completion, or the unavailability of products. The Designer is under no obligation to mitigate or correct any issues that arise due to late communication.
CLIENT UNDERSTANDS AND AGREES THAT IT IS THEIR RESPONSIBILITY TO RESPOND TO DESIGNER WITHIN 72 HOURS TO ENSURE THERE IS NO BREAKDOWN OF COMMUNICATION. IN THE EVENT DESIGNER DOES NOT RECEIVE A RESPONSE FROM CLIENT WITHIN A 72 HOUR PERIOD, DESIGNER SHALL NOTIFY CLIENT TWO ADDITIONAL TIMES REQUESTING A RESPONSE. IN THE EVENT DESIGNER DOES NOT RECEIVE A RESPONSE WITHIN 24 HOURS AFTER THE FINAL REQUEST, DESIGNER MAY AT THEIR DISCRETION UNILATERALLY TERMINATE THE CONTRACT, RETAIN ALL PAYMENTS MADE AS LIQUIDATED DAMAGES, AND SEEK PAYMENT FOR ANY OUTSTANDING SERVICES PERFORMED THAT HAS NOT BEEN PAID BY CLIENT.
9. BUSINESS HOURS
Homzie, Inc’s business hours are 9:00 AM - 4:00 PM CST Monday - Friday, however, individual Designers may retain different business hours. We request all Service-related messages to be sent via e-mail and meetings to be scheduled in advance. Please allow at least 48 business hours for our response. There may be periods when we may be delayed in responding, and we will use our best efforts to notify you of any such scheduled delay.
10. MEETINGS
Designer will give Client advanced notice of when meetings are anticipated to occur through email and optional text message reminders. Any meeting with the Designer will take place via video conference. Only one video conference meeting is permitted per your service package. If multiple packages are purchased only one video conference meeting will be permitted. Additional meetings requested by the Client are subject to our hourly rate and may be denied. Additional meetings requested by Designer are done as a courtesy to the client, of which they are under no obligation to perform. Please arrive on time for all meetings, have easy access to the space(s) being discussed, and ensure that any technical equipment is set up and working. If you need to reschedule a meeting, please give at least 4 hours notice when possible. Rescheduling can be done directly through our scheduling software, or via email with Designer. Meetings scheduled outside of Business hours are at the sole discretion of the Designer. Homzie makes no guarantee of availability for the Client’s scheduling needs.
11. APPROPRIATE CONDUCT
In the event Designer or any of its agents experience or are made aware of any inappropriate, threatening, hostile, or offensive behavior from Client, at any time during the contractual period (including, but not limited to, unwelcome sexual advances, verbal conduct of a sexual nature, or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Designer will terminate services immediately, and this Agreement shall be deemed terminated. Upon termination due to harassment, Designer shall be entitled to retain all monies paid and Client agrees to relieve and hold Designer harmless as a result of incomplete services.
12. INTELLECTUAL PROPERTY
Homzie, Inc. retains all intellectual property and proprietary rights, including, but not limited to, copyrights, patents, moral rights, and trademarks, interest, and title in and to all Design Plans, Source Lists, and materials created while rendering the Services, whether they be preliminary or final designs will remain its property and are protected by United States Copyright Laws (USC Title 17). Client is given a limited, personal license-to-use the designs for its personal home design purposes only and shall not sell or use the designs for commercial purposes. Violations of this federal law will be subject to civil and criminal penalties. Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party. For purposes of clarity, you are not permitted to sell the intellectual property on any online platform, make copies of the intellectual property, use the intellectual property for any design project not involving us (including if this Agreement has been Terminated), distribute the intellectual property to third parties, or use the intellectual property for any commercial use such as advertising or marketing, without our express written permission. However, you and third parties involved in the project are permitted to share images, photos and videos of the Design Space, provided that we are appropriately credited as the designer, and nothing in this Section should be construed to limit your reasonable use and alienability of the finished Design Space. We request that you tag our social media accounts for all social media posts of the Design Space.
13. THIRD- PARTY VENDOR RELEASE OF LIABILITY
Designer assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of a third-party vendor; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by a third-party vendor; or (3) any wrongful or negligent acts or omissions on the part of any other party not under Designer’s control. Client hereby releases and holds Designer harmless from any and all claims arising out of third-party vendor occurrences.
14. NON-SOLICITATION & NON-DISPARAGEMENT
Client agrees not to separately solicit agents, employees, or contractors utilized by Homzie, Inc. for a period of one (1) year after the expiration or termination of this Agreement without our express written permission. You agree to take no action, both during and after the Term of this Agreement, which is intended or would reasonably be expected to harm our reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to us. If you have any concerns or complaints regarding our Services, we encourage you to reach out to us directly via e-mail so that we can discuss any such issues.
15. CONFIDENTIALITY
Both parties agree not to, without the prior written consent of the other party, disclose to any third person or entity, other than in the proper course of performance under this Agreement, any information that under the circumstances ought to be reasonably treated as confidential or proprietary. Confidential or proprietary information includes, but is not limited to, personal information, business plans and strategies, trade secrets, legal documents including this Agreement and fees charged under this Agreement, customer, contractor and vendor information, design proposals, future and proposed products, marketing plans, processes, operations, and other business, personal, finance, or technical information.
16. CREATIVE DISCRETION
You understand and agree that our Services are creative in nature and that creative-based work is inherently subjective. You acknowledge that, although we aim to meet your vision, goal, and purpose in the Services we provide, we require and retain discretion regarding how Services are provided. You agree that you are familiar with our portfolio and are requesting Services with knowledge of the nature of our work, but with the understanding that our work is continually evolving and that we focus on meeting your particular design needs based on our experience and your preferences communicated to us. Mere dissatisfaction in the creative elements or design of the Services will not be deemed a breach of this Agreement by us. Please remember that you are hiring us for our skills and knowledge, and we ask that you trust the process.
17. DESIGN PLANS
Designer’s drawings are conceptual in nature and are intended to set forth the interior design intent. Designs are not to be used for architectural or engineering purposes. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. DESIGNER IS NOT A CERTIFIED ARCHITECT, ENGINEER OR CONTRACTOR. Client agrees to hold Designer harmless for any and all issues related to construction work, architecture or engineering of the home or space, and understands and agrees that Client has the responsibility to hire the appropriate professionals for such projects.
18. PRODUCT RECOMMENDATIONS
Due to the nature of online shopping, Homzie, Inc. has made every effort to portray recommended products and their colors and materials in the most accurate way on the design boards. The displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by Homzie, Inc. as an accurate portrayal of the actual color or material of the product. Designer will make best efforts to estimate the scale of your space based on Client provided photos and measurements, but cannot guarantee that all recommended products will fit your space or that the color, detail, material, or finish in the supplier's online depiction will be accurate. Clients are required to measure their space to ensure that the items recommended will fit prior to purchasing. While Homzie, Inc. will attempt to ensure that all retail product links are current in order to assist clients with purchasing design items, there is no guarantee that the furniture or accessories recommended by Homzie, Inc. will be available for purchase at all OR within a specific time frame due to the ever-changing nature of the Internet. For prices provided as part of the design service recommendation, there is no guarantee that the price is the lowest price, that the price will not change, or that the customer will find the article at a similar price when they order.
Due to the fluid nature of the design process, no product should be purchased until the Designer has finalized the Client’s design project and submitted the final shopping link list. This includes the purchase of any item within the room project scope. The only exception is with prior approval and written permission from the Designer. The purchase of any design items during the term of your design project is considered a violation of our terms of service and will result in either project termination or continuation under our $85 per hour, hourly rate. The Designer has sole discretion to determine continuation.
19. INTERIOR ITEMS/FURNISHINGS EXPENSES & PROCUREMENT
Our services do not include Interior Items/Furnishings procurement. You will be solely responsible for ordering, payment, returns, and exchanges of all Interior Items/Furnishings that you order. You understand that prices and availability of Interior Items/Furnishings on the Source List are subject to change before an order is processed and may not reflect the final costs of Interior Items/Furnishings due to additional fees (e.g., sales tax, shipping, delivery, ancillary items, and accessories), which are often not known until the Interior Items/Furnishings have been purchased and you agree to be responsible for all such additional fees. Client is responsible for reviewing all product refund policies prior to purchasing and understands that some products may not be refundable or replaceable. Homzie, Inc. is not responsible and bears no obligation for reimbursing the cost of returns for any item. Client agrees to hold Designer harmless for any issues beyond Designer’s control related to returns and/or cancellations of items, including, but not limited to, wholesaler communication, error, or fault.
Homzie, Inc. offers a generous 7-day link guarantee policy by which if any product on the provided finalized source list becomes out-of-stock within the 7 days immediately following a project’s completion the Designer will resource a suitable replacement without the Client incurring additional fees.
Revisions of the Source List are not included in the Service Fee, and the Designer is under no obligation to accept requests for revisions or replacements for delayed or back-ordered products. Any accepted request for revisions or replacements outside of our 7-day link guarantee policy will be charged at our Hourly Rate. Prompt purchase of Interior Items/Furnishings are highly recommended to increase the chances of securing such Interior Items/Furnishings. Additionally, while we aim to work within your Interior Items/Furnishings budget, we cannot guarantee the lowest prices and are not obligated to research lower prices, price match sales, markdowns, discounts available elsewhere, or use or pass on any trade discounts. We may also receive a commission on Interior Items/Furnishings purchased through our affiliate partners. If you have Interior Items/Furnishings that you already own and wish to incorporate into the Design Space, please inform your Designer at your kick-off call so that we can consider those items when creating the Design Plans and Source List.
20. DELIVERY ESTIMATES
Although we work hard to meet your project timeline goals, unexpected delays may occur, and such delays will not be deemed a breach of this Agreement. All delivery timelines for Interior Items/Furnishings are out of our control.
21. TERM & TERMINATION
This Agreement shall last for a term of the design scope or until the design project is fully completed. Client may terminate this Agreement at any time upon giving five (3) days written Notice to Designer. If such Notice is given and there is still an outstanding balance on Client’s account, Client must pay the remaining balance to Homzie, Inc. This includes all in-process proposals and orders completed by Designer at the time of termination. Homzie does not offer or provide refunds for services once payment has been received.
Designer may terminate this Agreement at any time in the event Client breaches contract, if there is a lapse of communication between Client and Designer as specified in Section 8, Client does not remit payment as specified in Section 4, or Client fails to comply with any of its responsibilities under this Agreement. No refund will be given under any circumstance. In the event Designer terminates this Agreement and a balance remains in Client’s account, the amount will be refunded less any outstanding reimbursable charges or design fees or Designer will invoice Client for the remaining balance.
TERMINATION: This Agreement may be voluntarily terminated, in whole or in part, at any time by either party per the following provisions:
Termination By or Due to Client: You may voluntarily terminate this Agreement, in whole or in part, by giving at least 3 calendar days written notice of your intention to terminate and outline the reason for terminating. If you wish to terminate this Agreement, or you have breached this Agreement, the following will occur upon termination:
We will retain all paid Service Fees which, as stated above, are non-refundable upon payment by you;
You will be required to pay any outstanding payment of Service Fees incurred through to the date of termination; and
We may be entitled to further remedies and compensation under the law if you breached this Agreement
All payments due under this subsection are to be made within 3 calendar days of the date on the invoice.
Termination by Homzie,Inc.: We may voluntarily terminate this Agreement at any time. If we terminate this Agreement due to no breach or fault by you, we will retain all earned fees for Services and will be entitled to all outstanding reimbursement of Service Fees incurred through to the date of termination. All payments due under this Section are to be made within 3 calendar days of the date on the invoice and subject to the Overdue Payments section of this Agreement. If we terminate this Agreement due to your breach, the above terms stated in sub-section (b) of this Section will apply.
22. REPRESENTATIONS & WARRANTIES
CLIENT HAS THE BENEFIT OF ALL GUARANTEES AND WARRANTIES PROVIDED BY SUPPLIERS OF INTERIOR ITEMS/FURNISHINGS. HOWEVER, HOMZIE, INC, TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE JURISDICTION, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES INVOLVED IN THE PROJECT, INCLUDING BUT NOT LIMITED TO GENERAL CONTRACTORS, ENGINEERS, AND ARCHITECTS, REGARDLESS OF WHETHER WE HAVE RECOMMENDED SUCH PARTIES.
DESIGNER DOES NOT REPRESENT OR WARRANT THAT THE DESIGN PROJECT WILL CREATE ANY ADDITIONAL HOME OR RESALE VALUE, PROFITS, SALES, EXPOSURE, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE DESIGN PROJECT DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
23. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT THE LAW OF THE JURISDICTION PERMITS, WE WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, INJURY, DEATH, LOSS OR DAMAGE OF PROPERTY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER RESULTING FROM A FORM OF ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY THIRD-PARTY CONTRACTOR USED TO FULFILL OUTSIDE SERVICES RELATED TO SERVICES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, SOFTWARE PROVIDERS, VENDORS, GENERAL CONTRACTORS, ENGINEERS, AND ARCHITECTS. OUR SERVICES ARE SOLD “AS IS,” AND IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT.
24. MAXIMUM DAMAGES
The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.
25. INDEMNIFICATION
Each Party hereby agrees to indemnify and hold harmless the other Party and its officers, directors, employees, consultants, contractors, and agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, to which the other may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by the other Party pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of a Party.
26. FORCE MAJEURE
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 15 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Client to Designer up to the date of Notice of a Force Majeure Event are non-refundable.
27. VENUE & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Jefferson County, Alabama. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
28. ARBITRATION
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Jefferson County, Alabama unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
29. SEVERABILITY & NO WAIVER
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
30. Agreement
By purchasing a Homzie, Inc virtual design service package or gift card you agree to these terms and services.