Dear Client,

Welcome to Qolorista Home Design Studio, which is operated by UBX STUDIO CONSULTING SRL (“Company, “we,” “us” or “our”), and thank you for visiting us on our website http://www.qolorista.com.

We’re so happy to help you refresh your home design and decorations. Please read these Terms and Conditions, “Agreement” page carefully before using Our Service. This page forms legally binding terms and conditions that apply to your use of the website located at http://www.qolorista.com and all corresponding web pages associated with the preceding URL (“Site“) and any content, information, features, functionality, and services that I offer through our site.

This letter, including all the sections referenced in this letter (our “Agreement”), confirms our understanding of the online interior design services to be rendered by our firm UBX Studio Consulting SRL (the “Designer” or “us”), about your project request (the “Project”).

PROJECT INFORMATION

Preliminary Project information is outlined in Section A – “Preliminary Project Information.”

DESIGN SERVICES

The Design Services to be provided by us are described in the following sections:

  • Section B – “Design Services”
  • Section C – “Selection of Merchandise”
  • Section D – “Purchasing Services”

Our fees for providing these Design Services are outlined in Section E – “Designer Compensation.”

SERVICE ACTIVATION AND REFUND POLICY

Rights to use the services stated in this Agreement are outlined in Section F – “Service Activation and Refund Policy.”

ADDITIONAL TERMS AND CONDITIONS

Section G – “Additional Terms and Conditions” contains additional terms and conditions of this Agreement.

BY PLACING AN ORDER WITH QOLORISTA.COM, YOU AGREE TO THESE TERMS AND ALL TERMS INCLUDED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT BUY THE SERVICES WE PROVIDE.

We reserve the right to review, update or change any of the parts of these Agreement Terms, at any given time, at our sole discretion.

We will update the “Last Updated” date that you can find at the top of this page for any Term change. It is your responsibility to check our website for changes regularly. Also, please ensure you understand the terms and conditions that apply to your online shopping. If you continue to access our website and buy our services after posting any changes to the Agreement Terms, it means you accept those changes.

For any questions, comments, or concerns about this Agreement, please do not hesitate to contact us at [email protected].

Thank you for the confidence you have placed in us.

We are looking forward to working with you.

Yours truly,

Alexandra

Qolorista Home Design Studio

AGREEMENT DETAILS
 
You hire us to do the following: e-design services – online interior design services for one or multiple rooms.
 
SECTION A – PRELIMINARY PROJECT INFORMATION
 
1. Project Area.
 
Our service packages are priced per room. In our preliminary discussion, you will mention the room that will be referred to in our Project. If your project Area includes more than one room, we will revise the total service price. You will receive a 25% discount on each extra room.
 
2. Decorative Budget.
 
Based upon our preliminary discussions, you will tell us what your estimated budget for Project is. It will be about merchandise such as furniture, furnishings, fixtures, wall coverings, floor coverings, window treatments, hardware, fixtures, decorative accessories, stone, tile, etc.
 
3. Budget Estimates.
 
We will try to create our design proposal within the estimated budget. In light of the many factors outside of our control, we do not represent or guarantee that Project costs will not exceed these budgets (or any revised budget) proposed or approved by you.
 
SECTION B – DESIGN CONCEPT SERVICES
 
Based on existing plans, we will perform during our service period the following:
 
  • Lead a 20 minutes initial virtual design consult of existing conditions. It will be via a teleconference tool like zoom or skype.
  • Discuss with you your design preferences for the Project Areas.
  • Prepare schematic plans for recommended spaces and decorative details, including but not limited to a concept board, floor plan, 2D board, 3D renderings, 360 panoramic renderings, or a 60-sec walkthrough movie (based on the service pack you have purchased)
  • Prepare suggested layout plans specifying the general location for and the distribution of movable furniture and furnishings.
In the first phase, we will illustrate our suggested design concepts and present them to you for your review and written approval.
 
We will prepare the floor plan, 2D board, 3D renderings, 360 panoramic renderings, or a 60-sec walkthrough movie (based on the service pack you have purchased) only after approving the design concept board.
 
SECTION C – SELECTION OF MERCHANDISE
 
We will, as and where we deem it appropriate, perform the following services:
 
  • Select and source Merchandise for your Project via retailers and online stores.
  • Provide photographs or other visual illustrations of Merchandise for your consideration.
  • Provide a custom shopping list with product specifications that you will purchase.
Installation. You will be responsible for receiving, assembling, decorating, and installing all products purchased via the shopping list provided.
 
SECTION D – PURCHASING SERVICES
 
We will specify each item of Merchandise and Decorative Installations to be purchased & ordered by you will in the shopping list. We will create the shopping list only after you approve the final design concept. The shopping list will describe the items and their “Specified Price” to you.
 
The “Specified Price” of each item will be the retail cost for the item, not including any applicable delivery, insurance, handling charges, and sales tax.
 
You will be responsible for (a) managing your orders and following up with vendors regarding any delays or errors in processing your orders and (b) scheduling and coordinating deliveries with vendors to your residence. You will be responsible for receiving, uncrating, and inspecting Merchandise for any visible damage upon receipt when you purchase retail items directly from the shopping list provided to you.
 
Affiliate Compensation. We may receive compensation for recommendations made about the products or services on your shopping list. This compensation may be in the form of money, services, or complimentary products and could exist without a website visitor’s action. Should you buy a product or service recommended by us, it is understood that some form of compensation might be made to us. For example, if you click on an affiliate link in your shopping list provided by us and then purchase the recommended product or service, we may receive compensation. This Compensation Disclosure has been provided for your protection and fully disclose any relationship between us and our product or service recommendations and the owners of those products or services.
 
Special Provisions. As some vendors may only sell to the decorative trade, we may, as an accommodation to you, in some circumstances purchase and resell Merchandise to you (a “Trade-only Sale”). The items will be specified in a written Proposal prepared by us and submitted in each instance to you for approval in such an event. For Trade-only Sales, the Specified Price of each item in our Proposal shall be our net cost for the item, plus any applicable delivery, insurance, handling charges, and sales tax. (which price does not represent our actual cost of such a thing and includes our compensation). Unless we have agreed otherwise in writing, Trade-only Sale items may require full payment of the Specified Price before order placement.
 
SECTION E – DESIGNER COMPENSATION
 
Design Fee. For our services described in Section B – “Design Services,” Section C – “Selection of Merchandise” and Section D – “Purchasing Services” (collectively, “Included Services”), our fee will be under the following fee structure: Full-Price Payment up-front, flat fee.
 
We offer the following Service Packs:
 
Fuss-Free Home Design – priced at $350 per room
 
  • One main elements concept boards. Each of the concept boards will include 9 main pieces for your specific room
  • One revision is accepted. A revision round represents the change of a maximum of 50% of the proposed items on the design concept board.
  • Final design board as PDF file. The final design board will include furniture, paint palette, and décor accessories within your budget. A maximum of 14 elements will be added to your design board.
  • Floor plan & TO DO list as PDF file. The itemized space plan and list of TODOs will make it easier to understand the layout.
  • Shopping list as PDF file. The shopping list includes details about the products, purchasing information, and links to their online shops.
 
Home Design To Show-Off – priced at $775 per room
 
  • 2 main elements concept boards to choose from. Each of the concept boards will include 9 main pieces for your specific room.
  • 2 revisions are accepted. A revision round represents the change of a maximum of 50% of the proposed items on the design concept board.
  • Final design board as PDF file. The final design board will include furniture, paint palette, and décor accessories within your budget. A maximum of 14 elements will be added to your design board.
  • Floor plan & TO DO list as PDF file. The itemized space plan and list of TODOs will make it easier to understand the layout.
  • Shopping list as PDF file. The shopping list includes details about the products, purchasing information, and links to their online shops.
  • 3D realistic renderings as PDF file. There will be 4 realistic renderings with the chosen or very similar furniture products, patterns, texture, and colors.
 
All-Inclusive Home Design – priced at $1,375 per room
 
  • 2 main elements concept boards to choose from. Each of the concept boards will include 9 main pieces for your specific room.
  • 2 revisions are accepted. A revision round represents the change of a maximum of 50% of the proposed items on the design concept board.
  • Final design board as PDF file. The final design board will include furniture, paint palette, and décor accessories within your budget. A maximum of 14 elements will be added to your design board.
  • Floor plan & TO DO list as PDF file. The itemized space plan and list of TODOs will make it easier to understand the layout.
  • Shopping list as PDF file. The shopping list includes details about the products, purchasing information, and links to their online shops.
  • 3D realistic renderings as PDF file. There will be 4 realistic renderings with the chosen or very similar furniture products, patterns, texture, and colors.
  • 360 Pano-view as a link to a 360-degree panoramic view of your room within my website or a third-party website.
  • 60-sec walk-through movie as a link to a walk-through 60 seconds movie of your room within my website or a third-party website.
Hourly Design Fee Agreement. For any additional services to the ones mentioned before, you agree to compensate us for all time expended by us at the following hourly rates (“Hourly Rates”):
 
  • Hourly rate of $75 in increments of 1 hour.
 
We reserve the right to adjust our Hourly Rates on an annual basis. Hourly Rates are in addition to all other fees and costs payable by you under this Agreement and will be invoiced to you separately.
 
Our Design Fee does not include drafting/rendering time connected with Custom Merchandise or any service not explicitly provided within the Included Services. If we provide any assistance to you or on your behalf outside of those Included Services, time expended by us will be billed to you at our Hourly Rates outlined below. Examples of such services include, but are not limited to, the following:
 
  • Additional revisions to our design concepts over those included in the Design Fee.
  • Any revisions to our design concepts after you have approved them.
  • Alternate selections for any item of Merchandise over those included in the Design Fee, or if things go out of stock after 14 business days of presenting the shopping list.
  • Revisions generated by inconsistencies in instructions, information, or plans provided by you or your Design Related Professionals.
  • Consultation with your Design Related Professionals to answer questions regarding the interpretation and/or clarification of our Design Documents or coordinate our documents with theirs.
 
SECTION F – SERVICE ACTIVATION AND REFUND POLICY
 
This section contains essential promises between the parties.
 
Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
 
We promise that we own the result of our service and that we can give it to you. The deliverables are completely our work, and we promise no other party will claim that it owns it, will not infringe on someone else’s intellectual property rights.
 
Client Will Review Work. You promise to review the work product, be reasonably available to us if we have questions regarding this project, and provide timely feedback and decisions.
 
From the day of purchase, you’ll have 20 days to start using the service. This means you have to send us all the requested details: full payment, fill in the design questionnaire, room measurements, and pictures, inspirational pictures.
 
After delivering the first two drafts of your concept design, you’ll have 10 days to send your comments. If, after 10 days, you didn’t request a revision or approve the design proposals, we reserve the right to continue with the completion of the service and deliver the final concept “as is.” The shopping list, design tips, and renderings (3D, 360-panoramic & 60-sec movie) will include the most recent suggested elements.
 
Due to the digital nature of our services, cancellations and refunds are not accepted. Please notify us at [email protected] within 24 hours of placing the payment for your design package if you would like to cancel your order and request a refund. Due to transfers commissions and taxes, you will be refunded 95% of your initial paid amount.
 
Suppose you change your mind only regarding the type of package you want to receive after purchasing. In that case, a partial refund will be taken into consideration (if applicable) only in the first 3 working days from the initial payment.
 
SECTION J – ADDITIONAL TERMS AND CONDITIONS
 
Confidential Information. While working for you, we may come across, or be given, personal and confidential information. We promise to treat this information as if it is our confidential information. We will use this information to do our job under this Agreement, but not for anything else. The one exception to this is if you give us written permission to use the information for another purpose, like a testimonial for our website. We promise that we will not share confidential information with a third party unless you give us written permission first. We must continue to follow these obligations, even after the Contract ends. Our responsibilities only stop if we can show any of the following: (i) that the information was already public when we came across it; (ii) the information became public after we came across it, but not because of anything we did or didn’t do; (iii) we already knew the information when we came across it, and we didn’t have any obligation to keep it secret; (iv) a third party provided us with the information without requiring that we keep it a secret; or (v) we created the information on our own, without using anything belonging to you.
 
Third-Party Confidential Information. Each can have access to confidential information that belongs to third parties. We promise that we will not share with the other party personal information that belongs to third parties unless allowed to do so. Suppose any of us is allowed to share confidential information with the other party and does so. In that case, the sharing party promises to tell the other party to write any particular information restrictions.
 
Client-Supplied Material Does Not Infringe. If you provide the Designer with material to incorporate into the work product, you promise that this material does not infringe on someone else’s intellectual property rights.
 
Design Documents. All of the drawings, specifications, plans, sketches, and other documents prepared by us for your Project (our “Design Documents”) are conceptual in nature and intended to set forth our design intent only. We do not and are unable to perform architectural, engineering, or construction services. Accordingly, (i) our services do not include undertaking any responsibility for the design of or modification to any structural, heating, air conditioning, plumbing, electrical, ventilation, audio, video, or other mechanical systems installed or to be installed at the Project site; and (ii) our Design Documents must not be used by you or by any other person for architectural, engineering, or construction purposes. Besides, we make no representations that any recommendations outlined in any Design Document will meet applicable code or regulatory requirements.
 
Use of Design Related Professionals and Third Parties. Should the nature of our Design Documents require the services of third-party professionals, consultants, or contractors (“Design Related Professionals”) or other third parties to perform work based upon our Design Documents, you agree to enter into separate agreements directly with each of them, under terms that are mutually acceptable to you both. To the extent that we may review any construction documents (or other documents) prepared by them or by any other person, please know that our review is for the sole and limited purpose of achieving general compliance with our aesthetic concepts and overall design intent.
 
Your Responsibilities to Us. To provide you with services, you agree to provide us with all information we may need to complete the Project and listed in the Welcome Pack requirements. All approvals required to be given by you and all information requested of you shall not be unreasonably or untimely withheld or delayed. You will be responsible for insuring and paying the costs of insurance, transportation, and storage for any furniture, furnishings, art or other items of decoration, and other Merchandise connected with the Project.
 
Ownership and Use of Design Documents. All of the Design Documents that are prepared or furnished by us are owned by us and will be our exclusive property at all times. We will retain all intellectual property rights and proprietary rights, including copyrights and trademarks, in and to these documents. You may use our Design Documents only as permitted by this Agreement. In the event of termination of this Agreement (or if we are legally determined to be in default of the Agreement), you may continue to use our Design Documents provided that (a) you have paid us all amounts owed to us under this Agreement (or otherwise), including but not limited to unpaid Design Fees Purchasing Fees, Project Administration Fees, Hourly Rates, Reimbursable Expenses, invoices, and all additional compensation owed to us; (b) you agree to indemnify and hold us free and harmless from and against any costs, claims, liabilities, or expenses, including reasonable attorneys’ fees and related expenses, arising out of, resulting from or relating in any manner to your subsequent use of our Design Documents; (c) you release us from any further obligations we may have to you, and (d) you will not permit any other person, firm, or entity to claim design credit for any work prepared by us before the date of termination.
 
Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and related costs) (each a “Claim,” and together “Claims”) relating to, arising out of or resulting from the actions and omissions of you and/or of any Design Related Professional, construction contractor, contractor, subcontractor, vendor, tradesperson, supplier, agent, or other third party hired or otherwise retained by you or on your behalf.
 
Limitation of Liability. Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract. To the fullest extent permitted by law, our total liability to you regarding any claims, losses, and damages arising out of, relating to, or resulting from this Agreement or the services performed by us under this Agreement, shall not for any reason exceed the amount of $100. Under no circumstances shall we be responsible for (a) any indirect or consequential damages; or (b) any injury, loss, damage, or delay caused by any reason beyond our reasonable control. Also, we are not responsible for the actions or omissions of any Design Related Professional, construction contractor, contractor, subcontractor, vendor, tradesperson, supplier, agent, or another third party, even if we recommended them to you.
 
Consent to Photograph Project. As we require a permanent record of our design projects, you will help us, only if you wish to, with pictures of the Project Areas and your residence before and after Project deliverables implementation. Also, you acknowledge that we may use these Photograph(s) for our business purposes, including publication and advertising purposes online. If we publish any Project-related Photograph(s), we will not identify your name and address in any such publication without your prior written consent.

This Agreement is a complete statement of our understanding. No other representations or agreements have been made other than those contained in this Agreement.