InteriorNet Bespoke Service Terms & Conditions for Designers
Definitions
The following definitions apply to these terms:
Designer means any company or person who registers for a Membership with the Website, and uses the Service to search for Projects or Jobs.
Customer means any person or persons who registers with the Website or contacts us directly to search for a Designer.
Membership means the Designer who is named on an application for membership and for whom, following acceptance by us, we have agreed to provide services to, in accordance with these terms
Project refers to any design project posted by a Customer via the Website or communicated to us directly
Profile means a Designer’s profile on the Website
Website www.interiornet.co.uk
These InteriorNet Bespoke Service (IN Bespoke) Terms & Conditions for Designers set out the terms of the agreement between us and you as an interior designer who is approved as a Designer for IN Bespoke on this website.
These IN Bespoke Terms & Conditions for Designers are in addition to the Terms of Service and the Terms of Supply of Service by which you are also bound as a User of this website. Any terms that are defined in the Terms of Service and the Terms of Supply of Service shall have the same meanings in this section.
By registering or agreeing to be registered as an interior designer for IN Bespoke on this website, you expressly, irrevocably and unconditionally agree to be bound by the terms of this Agreement.
Interior Design Referrals
Once you have registered and been approved with us as a Designer, we will aim to introduce you to people and businesses wanting to engage the services of a suitable interior designer. In doing so, we will generally:
- speak to or email each potential customer in order to find out more about their requirements, what they hope to achieve, their budget and timeframe (a “Project”);
- then contact you to determine whether you wish to offer your services to the customer in connection with the Project;
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agree with you a percentage commission in respect of the Project, payable in accordance with the Payment Terms below (the “Agreed Fee”). In the absence of an express written agreement as to this Agreed Fee, it will be set as per the fee table below and include any revenue you earn from the customer excluding any revenue associated with FF&E in respect of the Project;
Project Value Fee Scale Up to £250.000 12.5% of the designers’ fee £250,001 - £500,000 10% of the designers’ fee £500,001+ 7.5% of the designers’ fee - we will then pass your details to the customer and theirs to you. The onus will be on you to contact the customer to take the Project forward and secure the work.
Subsequent Work for the same Client
A client introduced to you by us may subsequently engage you to carry out either (a) further work on the same property (“Follow-up Work”) or (b) work on another property (a “New Project”).
Where a client engages you to carry out Follow-up Work or a New Project you agree to pay us Agreed Fee at a rate of 5% of any revenue you earn from the client in respect of any Follow-up Work and at a rate of 3% of any revenue you earn in respect of any New Project excluding FF&E, such fees to be payable on the same terms as the Agreed Fee as set out in this Agreement.
Payment Terms
You hereby irrevocably and unconditionally agree:
- to keep us updated regularly as to the status of any Projects, Follow-up Work and New Projects;
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in particular, to inform us at the outset of any Project, Follow-up Work and New Project where you have been instructed by the customer:
- the agreed total budget (if any);
- the estimated amount of your revenue (excluding FF&E);
- how your fees and other revenue is to be calculated, whether as a percentage of total budget, per hour, per day, a fixed amount or some other means; and
- the expected duration; and
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issue an invoice to the Customer upon commencement of the project an amount equal to or a minimum of the Agreed Fee:
- to provide us with a copy of such invoice; and
- to pay us the Agreed Fee (plus VAT and/or any other applicable tax) within 30 days of the date of our invoice in relation to the same.
Unless otherwise provided by law, any Agreed Fee that you have paid to us is nonrefundable. You shall pay all amounts due to us in full without any deduction or withholding and shall not assert any credit or set-off or counterclaim against us in order to justify the withholding of the whole or any part of any such amount.
If any Agreed Fee becomes overdue for payment, we may claim interest on them (both before and after judgement) at a daily rate of 3% above the base rate of the Bank of England until all outstanding Agreed Fee has been received in cleared funds.
You agree to keep and make available for examination or audit on reasonable request by us or our authorised employees, agents or representatives all financial and documentary records, including (without limitation) customer invoices, that relate to Projects, Follow-up Work and New Projects. Any examination/audit will only take place upon reasonable prior notice to you and during normal business hours. Each party will bear their own costs in relation to any examination/audit.
These IN Bespoke Terms & Conditions for Designers are in addition to the Terms of Service and the Terms of Supply of Service by which you are also bound as a User of this website. Any terms that are defined in the Terms of Service and the Terms of Supply of Service shall have the same meanings in this section.
Your Content
In addition to Clause 10 of the Terms of Supply of Service the following will also apply.
You agree that you are solely responsible for any posts, content, information, links to other websites (“external links”) and any other material that you submit, publish, display, insert, transmit, upload, distribute or disseminate or offer to do the same (“publish”) on this website (“Your Content”)
Your Content will be genuine, honest, decent, true and accurate to the best of your knowledge and belief. You irrevocably and unconditionally warrant and represent that you are the sole unencumbered author, owner or holder of an appropriate, valid and sufficient licence of all right, title and interest (including the intellectual property rights) in Your Content or you otherwise have all the necessary and appropriate permissions and authorisations in relation to Your Content.
Your Content and (with the exception of point 8 below) any websites accessed via any external links published by you should not (and you irrevocably and unconditionally warrant and represent that it does not):
- infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party or, in any way, contravene any fiduciary duties that you may owe;
- constitute, promote or encourage illegal activity;
- constitute an advertisement under the Financial Services Act 1986;
- be defamatory, libellous, invasive of another's privacy, untrue, tortious, misleading, offensive, racist, ethnically or religiously biased or offensive, discriminatory, malicious, infringing, obscene, indecent, pornographic, threatening, abusive or, in any way, unlawful;
- harm or threaten to harm minors in any way;
- disclose “personal data” about any third party unless expressly authorised to do so by the third party concerned;
- contain viruses, corrupted files or any other similar software or programs that may disrupt or damage the operation of another's computer; and
- advertise or offer to sell any goods or services for any commercial purpose, other than in areas of this website intended for such uses.
You hereby grant (and you warrant that you have the right to grant) us a nonexclusive, irrevocable, perpetual, royalty-free, fully paid up, worldwide license to use, copy, modify, delete, adapt, publish, translate, reproduce, publicly display and distribute Your Content or any part or parts of it either online or offline and to create derivative works of Your Content or any part or parts of it either online or offline or incorporate it into other works/content either online or offline.
Additional Prohibited Uses
You agree that you shall not either directly or indirectly, without our express prior written consent:
- allow or cause others to access or contribute to this website or otherwise use the IN Bespoke services and/or this website using your email or password;
- submit content by automated means, fraudulently, containing false details or otherwise dishonestly or deceptively;
- submit on this website any untrue or inaccurate information about yourself;
Term of these IN Bespoke Services Terms & Conditions
This agreement is valid for 12months and renewable by mutual agreement.
Either party may terminate this section of the Agreement immediately on notice being received by the other party, in which case access to your Account area will be blocked. In the event of termination, unless we choose to do so in our absolute discretion, none of Your Content will be returned to you or removed from this website and/or the IN Bespoke Service.
Termination of this Agreement shall:
- be without prejudice to any other rights or remedies to which we may be entitled under this Agreement or at law;
- not affect any accrued rights or liabilities that we may have; and
- not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
For the avoidance of doubt, your obligations to pay the Agreed Fee to any ongoing Jobs will not be affected by Termination of this Agreement.
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