Terms & Conditions.

KVM Design Ltd.

Online terms and conditions for selling digital products

We are so delighted you have decided to place an order with us! Please read the following important terms and conditions before you make your purchase.

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means KVM Design Ltd; and

• ‘You’ or ‘your’ means the business or company using our site to buy products from us.

If you would like to talk to us about any aspect of this contract, please contact us by email at hello@kvminteriordesign.com

Who are we?

We are a limited company with company number 10652690 and with its registered office at 33 Queen St Pl, EC4R 1AP London.

Introduction

If you buy products on our site you agree to be legally bound by this contract.

When buying any products you also agree to be legally bound by:

a) our website terms and conditions and any documents referred to in them;

b) specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage or sales page for the products.

The above documents form part of this contract as though set out in full here.

1.Your privacy and personal information

1.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

1.2 Our Privacy Policy is available here.

2. Ordering products from us

2.1 Below, we set out how a legally binding contract between you and us is made.

2.2 You place an order on the site by clicking on the ‘add to cart’ button and then proceeding to the checkout page. 

2.1.1 When you place your order at the end of the online checkout process by clicking on the place order button, we will acknowledge it by email. This acknowledgement does not mean that your order has been accepted, see below.

2.1.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

a) the products are unavailable;

b) we cannot authorise your payment; or

c) there has been a mistake on the pricing or description of the products.

2.1.3 We will only accept your order when we email you to confirm this. At this point a legally binding contract will be in place between you and us.

3. No Right to cancel this contract.

In view of the nature of digital products, once you have placed your order you do not have any right to cancel this contract.

4. Delivery

4.1 If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.

4.2 If the product is to be delivered in instalments we shall supply the digital content to you as specified in the product description.

4.3 If something happens which:

a) is outside of our control; and

b) affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the products.

4.4 Unless you and we agree otherwise, if we cannot deliver your products within 7 days, we will:

a) let you know;

b) cancel your order; and

c) give you a refund.

5. Payment

5.1 We accept payment by credit/debit card.

5.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, for any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

5.3 The price of the products can be found on the shop page.

6. Nature of the products

6.1 We warrant that the products will:

a) be free from material defects in design;

b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

c) be fit for any purpose we state.

d) We may discontinue or modify products at any time without prior notice.

7. Faulty products

If the product we supply is faulty, please inform us within 7 days using the contact details at the start of this contract and we shall, at our option, repair or replace the product or refund the price of the product.

8. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

9. Limit on our responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

a) losses that were not foreseeable to you and us when the contract was formed; or

b) losses that were not caused by any breach on our part; 

c) loss of profits;

d) loss of sales or business;

e) loss of anticipated savings;

f) loss of use or corruption of software, data or information;

g) loss of or damage to goodwill; and

h) any indirect or consequential loss.

Subject to Clause 5, our total liability to you shall not exceed the price of the product(s) we supply to you.

10. Entire Agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

11. Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with:

a) the products;

b) our service to you; or

c) any other matter;

Please contact us as soon as possible.

If you and we cannot resolve a dispute using our internal complaint handling procedure, and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.

The laws of England and Wales will apply to this contract.

Terms & Conditions.

KVM Design Ltd.

Online terms and conditions for business services

KVM Design Ltd., a limited company with company number 10652690 and with its registered office at 33 Queen St Pl EC4R 1AP London.

I am so pleased you have decided to use our services or resources - please read the following document before we start working together.

The contract below sets out the legal terms that will govern the relationship with you and apply to the services provided. The intention is that it will bring clarity to our relationship and protect both of us so please do let us know if there are any clauses that you do not understand or that contradict your understanding of our services.

In this contract:

• ‘I’, ‘me’ or ‘my’ means KVM Design Ltd. ; and

• ‘You’ or ‘your’ means the person buying or using my services and resources.

BACKGROUND

KVM Design Ltd provides outsourcing services to interior design businesses (‘services’) and you and I wish to enter into this agreement to set out the terms and conditions that will apply in respect of the services to be provided by me to you.

This contract sets out:

• your legal rights and responsibilities

• my legal rights and responsibilities, and

• certain key information required by law.

If you would like to speak to me about any aspect of this contract, please contact us by:

e-mail: hello@kvminteriordesign.com

Introduction

If you sign up to my services you agree to be legally bound by these terms and conditions, including the details of the services which are set out in the services description at the end or additional services which may be set out in a services description agreed between us in the future (either of which constitutes a ‘services description’).

1.Signing up for our services
1.1 The contract between us will commence on the date stated above and will continue unless and until it expires or is terminated by either of us in accordance with clause 9.

1.2 Each service description is a separate contract incorporating the terms of this agreement.

1.3 Any quotation given by us before I confirm our services in a written services agreement is not a legally binding offer by us to supply such services. Any prices set out in a quotation remain valid for 7 days.

1.4 We shall only enter into a legally binding contract to provide services when a written services description has been agreed by you and us.

2. Carrying out the services

2.1 We shall carry out the services with reasonable care and skill.

2.2 We shall carry out the services within the time period which is set out in the relevant services description.

2.3 All services must be taken within the timeframe specified in the relevant services description or they will expire.

2.4 Services may be postponed if the services description permits re-scheduling and within the agreed conditions. Failure to comply with the outlined protocol for completing the service or communication of any delays in accordance with the service description will result in the services being deemed fulfilled and you will not be able to reschedule or be entitled to any compensation.

2.5 Communication takes place via the Click-up dashboard, unless specified otherwise, created for you when you are on-boarded as a client.

2.6 Calls may be recorded to document creative direction or other details of purchased services and by entering into this contract with me you consent to the recording of our calls for these purposes.

2.7 My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority or if you change the services you require from me and I have to do extra preparation.

3.Your responsibilities

3.1 You will pay the price for the services in accordance with the relevant services description.

3.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.

3.3 Communication will take place via the Click-up Dashboard created for you as part of the onboarding process, unless specified otherwise.

3.4 While I fully expect great results to come from the services provided, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment, communication and co-operation to assist our team to understand your requests or desired outcome.

3.5 Our role is to offer you guidance where requested, provide technical services and help you make positive business changes in order to make progress towards your business goals.

3.6 You will keep me informed of any relevant changes to your medical health, personal or business circumstances.

4. Charges and payment

4.1 All prices quoted are exclusive of VAT.

4.2 The price for the services is set out in the relevant services description.

4.3 Some services require full payment in advance in order to provide the services. For some services I may agree to payment by instalments or as work is completed. The relevant services description will state if I have agreed to accept payment by instalments or as work is completed. If there is a payment plan and you fail to make any payment on the due date, I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return. I shall send you an invoice in respect of my fees in accordance with the service description and my invoices are payable within [7] business days.

4.4 The fees are non-refundable except where a service is cancelled which you have paid for in advance and which you have not received.

In all other circumstances I am not able to refund to you any of the payments you have made, even where you do not receive the full service due to your failure to communicate or deliver items required in accordance with the service description, as payment is for the service as a whole, not individual elements. This is a reflection of the team time and resources reserved to work on your project for a given time period. This policy also helps you with your own accountability and commitment to improving your business through my services.

In view of my clear no-refund policy, I do not accept any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

4.5 Payment is via Stripe.

4.6 KVM is a small business and we appreciate your efforts to make payments in a timely manner. In the event that payment is not made after 7 continuous days, we reserve the right to charge an additional USD $136 (equivalent to two hours at the hourly rate of USD $68) for every week that the invoice remains unpaid. The amounts will be added to your invoice and payable in full immediately.

4.7 We shall give you written notice at least 14 days in advance of any increase in my fees. If the increase is not acceptable to you, you may within 7 days of the date of the notice, terminate this contract by giving written notice to me. In these circumstances the services will cease 14 days after the original notice of the price increase.

4.8 For our hourly services, KVM aims to help you manage your expenses. To this end, you always have oversight over accrued hours and we will bill you either once the project is complete (for small projects that have a fast turnaround), every 5-10 hours and/ or before the end of a calendar month to avoid any surprises.

4.9 Digital products. You may not cancel your purchase of any digital products once you have started downloading or streaming them unless the content is faulty.

5. Intellectual property

5.1 Both parties retain the rights to their materials and acknowledge the collaborative nature of the work produced. No party will claim ownership except with respect to what was produced by them.

5.2 The client retains full rights to use the materials produced for them in whichever capacity they see fit.

6. How I may use your personal information

6.1 I shall use the personal information you give to me to:

a. provide the services;

b. process your payment for the services; and

c. inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me).

6.2 I shall not give your personal information to any third party unless you agree to it.

See my privacy policy here for full details of how I use your personal information.

7. Confidential information

7.1 All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so in good faith because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.

The obligations in clause 7.1 will not apply to information which:

7.1.1 has ceased to be confidential through no fault of either party;

7.1.2 was already in the possession of the recipient before being disclosed by the other party; or

7.1.3 has been lawfully received from a third party who did not acquire it in confidence.

Your and my confidentiality obligations under this clause will continue after termination of this agreement.

You will not use any Confidential Information for profit or for your own benefit in any way.

8. Resolving problems

In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

Nothing in this contract affects your statutory rights.

9. End of the contract

If a services description specifies a length of time for services to be provided then subject to clause 9.1 below, the services will terminate at the end of that timeframe.

If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by 14 days’ written notice to each other.

Either you or I may terminate the services and this agreement immediately if:

9.1.1 the other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this agreement will be terminated if the breach is not resolved; or

9.1.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

9.1.3 For the purposes of this clause, any breach by you of the rules governing your participation in my Facebook Group or any other Group hosted by me on another social media platform, constitutes a material breach of this contract which is not capable of being resolved.

If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.

If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

10. Limit on my responsibility to you

Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

10.1 losses that:

a) were not foreseeable to you and me when the contract was formed;

b) were not caused by any breach of these terms on my part; and

10.1.2 loss of business, loss of profits, loss of management time and loss of business opportunity.

My total liability to you is limited to the amount of fees paid by you for the services.

11. Disputes

I shall try to resolve any disputes with you quickly and efficiently.

If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.

The laws of England and Wales will apply to this contract.

In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.

12. Entire agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

13. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

Also refer to the terms and conditions for each service below:

1. Delegating services (hourly)

2. Branding service

3. Website Design service

4. Copywriting service