Terms of Service
Virtual Services: includes efforts associated with creation of an illustrative Virtual Remodel. This may or may not include measuring, taking photos, visually developing a new layout and/or materials, and providing digital and/or printed materials.
LOCATION OF SERVICES
Geode shall provide Services to the Client at the location specified on the order form.
PROCESS & DELIVERABLES
Our projects are completed in the order below. This process has been carefully developed with our Clients in mind in order to maximize efficiency, remain on budget and provide clear expectations. Each stage is completed before moving on to the next stage.
An order is placed or conversation is held between Geode and the Client regarding interest in working together.
We will reach out to confirm a time to discuss your project over the phone. This is a great opportunity to ask questions and talk through your overall goals for this project. If you have specified a desired date and time for this consultation on your order form, we will do our best to reach you at that time. Either way, you will receive an email from us.
Measurements & Photos
If you selected "Geode Consultation", we will arrange a time to meet at the property to take measurements and photos. If you have provided them on the order form, we will review the materials and let you know if anything else is needed. The project officially begins when this stage has been completed.
Once we have the measurements and photos, we're ready to begin! At this stage we will go to work creating your Virtual Remodel. We can show updated finishes, layouts and more.
When a draft of your virtual remodel is complete, you will receive an email from us containing images of the space. At this point, you will have a chance to request changes, if needed. Revisions will be charged at $100/hour, in 15 minute increments.
At this stage, all necessary revisions have been ironed out and we're ready to close out the project! If you have purchased printed materials, they will be ordered for you at this time.
Upon completion, your digital materials will be delivered to the email address specified on your order form. If you have ordered printed materials, they will be delivered to the Delivery Address you provided. We will be in touch at this stage to communicate the anticipated delivery date and to confirm final receipt of the final materials.
Geode may or may not perform site visits throughout the project in order to ensure the design goals are being accurately met.
VIRTUAL REMODELS, ELEVATIONS & FLOORPLANS
Virtual remodels, elevations and floor plans provided by Geode are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Final measurements used to guide ordering and installation must be taken by the contractor(s) performing the work. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. Geode shall be held harmless for relying on the accuracy of information provided by the Client and/or contractor(s). Project drawings and documents cannot be used by Client for any purpose other than completion of Project by Geode as laid out in this agreement.
CONTRACTORS & CONSULTANTS
Geode is not a general contractor and does not provide contractor services. If Project requires contractors and/or consultants to perform work based on Geode's concepts, Client will enter in a contract directly with each contractor and/or consultant. Geode provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors, nor their agents or employees. Geode's role with regards to any remodel projects ends with providing illustrative renderings. All contractors, consultants or architects working on the project must verify measurements and feasibility independent of materials provided by Geode.
Client and/or contractor(s) are responsible for permitting, plus any/all approvals and compliance required by any governmental agency.
Client is required to have insurance coverage for all items and materials during handling, moving, storage, and installation. Client is responsible for ensuring that their insurance coverage is sufficient per this Agreement. Geode cannot be held responsible to inadequate insurance coverage.
COST, FEES & PAYMENTS
Payment may be provided in the form of cash, PayPal, credit card (through our online invoicing system), or check. Client may pay in advance via our online order form, otherwise 50% of the Total Cost for the Design Services is due upon approval of the Proposal and prior to initiation of Design Services associated with the project. The first payment of 50% down is a non-refundable retainer. At a minimum, Client agrees that the Total Cost of the Design Services fee fairly compensates Geode for committing to provide the Deliverables and turning down other potential projects/clients.
Upon delivery of the final design materials, the project will be considered complete and a final invoice will be provided to the Client for payment of the remaining 50% for Design Services. Payment is due upon receipt.
Should revisions be requested after a design stage has been completed and approved, an hourly fee of $100 per hour may be charged to the Client and invoiced separately. The Client will be provided with written notice prior to incurring hourly fees.
Should any work be required outside of the Scope of the Project, as outlined in this Agreement, an hourly fee of $100 per hour will be charged to the Client and invoiced separately. The Client will be provided with written notice prior to any work being done which falls outside of the Scope of the Project.
Any payments not received within 14 days of the Project's completion (delivery of final design materials from Geode to the Client) will be considered late. Late payments will be subject to a 10% late fee, in addition to any fees incurred by the Service Provider in collecting payment for services rendered.
Client agrees to allow Geode and/or Geode's representatives to photograph Project during all stages of Design Services including when Project is complete. Photographs may be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. Geode will not disclose the address or Client’s name without prior consent. Any costs of photographs and publicity are the responsibility of Geode. Additionally, if Client or Client's agents document the Project, Geode shall be given credit as the designer if documentation is released publicly.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Geode in accordance with this Agreement (example: before and after photos taken by Geode), Geode owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Geode and may be used in the reasonable course of Geode's business.
Permitted Uses of Intellectual Property. Geode grants to Client a non-exclusive license of Intellectual Property produced with and for Client for personal use so long as Client provides Geode with attribution each time Client uses Geode’s property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal and/or professional social media pages or profiles; or
In online creations, such as a real estate listing or rental listing; or
In personal communications, such as a newsletter or email.
All Intellectual Property must be attributed at a readable size and color in one of the following format(s):
© Geode Home Design
Copyright of Geode Home Design
Photo taken by Geode Home Design
Other attribution formats may be acceptable, to be approved by Geode prior to use.
Client understands and agrees that:
Every client and space is different, with different styles, budgets, and needs;
Design Services are often a subjective art and Geode has a unique vision, with an ever-evolving style and technique;
Geode will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Geode will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Geode shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Geode's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
LIMIT OF LIABILITY
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Design Services provided by Geode.
Loss of Product. In the event that any or all product(s) provided by Geode are lost, such as damage to or loss of a component of the product necessary for final delivery, Geode shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Geode and its affiliates, employees, agents and independent contractors for any loss, injury, death, property damage, liability, claim, inability to perform the services or other cause of action arising out of or related to Services and/or product(s) Geode provides to Client.
CANCELLATION, RESCHEDULING & NO-SHOWS
Cancellation, Rescheduling of Design Services or No-Show Client. If Client desires to cancel Design Services, reschedule Design Services, or if it becomes impossible for Geode to render Design Services due to the fault of the Client or parties related to Client, Client shall provide notice to Geode as soon as possible via the Notice provisions detailed in this Agreement. Geode has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Geode to provide the Services due to the fault of Client (or parties related to Client), and Geode will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Design Services, rescheduled Design Services, failing to continue communication, or should it become impossible for Geode to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Geode cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Design Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.
Governing Law. The laws of Washington State govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Geode's Email: firstname.lastname@example.org
Client Email: as provided on the order form
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Project and Design Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
At Geode Home Design, we pride ourselves in providing the most comfortable, enjoyable, and transparent design experience possible. We ask for open communication, honest feedback, and hope that you have fun along the way.