Terms of Service

Please read these terms and conditions carefully before using our services.

Last updated: January 1, 2024

Agreement to Terms

These Terms of Service ("Terms") govern your use of X&IN Design's website and services. By accessing our website at www.xandindesign.com or engaging our interior design services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or services.

Our Services

X&IN Design provides professional interior design services including but not limited to:

  • Interior Design and Space Planning
  • Home Staging Services
  • Color Consultation
  • Renovation Planning and Coordination
  • Design Consultation Services
  • Project Management

All services are provided subject to availability and at our discretion. We reserve the right to modify, suspend, or discontinue any service at any time.

Client Responsibilities

As our client, you agree to:

  • Provide accurate and complete information about your project
  • Grant reasonable access to the property for consultations and work
  • Make timely decisions and approvals as requested
  • Pay all fees and expenses according to agreed terms
  • Obtain necessary permits and approvals for construction work
  • Maintain insurance coverage for your property
  • Communicate any concerns or changes promptly

Payment Terms

Consultation Fees

Initial consultations may be offered at no charge or for a nominal fee, as specified at the time of booking. Extended consultations and detailed design work will be charged according to our current rate schedule.

Project Fees

Project fees will be outlined in a separate design agreement or contract. Payment terms typically include:

  • Deposit required to begin work (typically 25-50% of total fee)
  • Progress payments tied to project milestones
  • Final payment due upon project completion
  • Late payment fees may apply to overdue accounts

Expenses and Purchases

Client is responsible for all approved purchases, including but not limited to:

  • Furniture, fixtures, and accessories
  • Materials and supplies
  • Contractor and tradesperson fees
  • Delivery and installation costs
  • Travel expenses for projects outside our standard service area

Intellectual Property

All design concepts, plans, drawings, and creative work produced by X&IN Design remain our intellectual property until full payment is received. Upon full payment:

  • Client receives a license to use the designs for the specified project
  • X&IN Design retains rights to use project images for marketing purposes
  • Client may not reproduce or distribute designs without written permission
  • Modifications to designs should be approved by X&IN Design

Project Changes and Cancellations

Changes to Scope

Changes to the original project scope must be approved in writing and may result in additional fees and timeline adjustments.

Cancellation Policy

  • Client may cancel services with 48 hours written notice
  • Deposits are non-refundable except in cases of our inability to perform
  • Client is responsible for payment of all work completed to date of cancellation
  • Ordered items that cannot be cancelled may be client's responsibility

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed with professional skill and care. However:

  • We do not warrant specific outcomes or results
  • Design preferences are subjective and may vary
  • We are not responsible for changes in market conditions affecting costs
  • Third-party contractor work is subject to their own warranties

Product Warranties

Products purchased through us are subject to manufacturer warranties. We will assist with warranty claims but are not responsible for product defects or failures.

Limitation of Liability

To the fullest extent permitted by law, X&IN Design's liability for any claim arising from our services shall not exceed the total amount paid by client for the specific services giving rise to the claim.

We shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits or business opportunities
  • Delays caused by third parties or circumstances beyond our control
  • Damage to existing property not caused by our negligence
  • Client's failure to follow care and maintenance instructions

Force Majeure

We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, supplier delays, or other unforeseeable events.

Privacy and Confidentiality

We respect your privacy and will maintain confidentiality of your personal information and project details. However, we reserve the right to:

  • Use project photos for marketing purposes unless specifically prohibited
  • Share information as required by law or legal process
  • Disclose information to contractors and suppliers as necessary for project completion

Please refer to our Privacy Policy for detailed information about data collection and use.

Dispute Resolution

In the event of a dispute, we encourage resolution through direct communication. If necessary, disputes shall be resolved through:

  1. Good faith negotiation between the parties
  2. Mediation by a mutually agreed mediator
  3. Binding arbitration under Ontario arbitration rules

These Terms shall be governed by the laws of Ontario, Canada.

Website Use

When using our website, you agree to:

  • Use the site for lawful purposes only
  • Not attempt to gain unauthorized access to our systems
  • Not transmit harmful or malicious code
  • Respect intellectual property rights
  • Provide accurate information in forms and communications

Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with the revised date. Continued use of our services after changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Contact Information

If you have any questions about these Terms of Service, please contact us:

X&IN Design

Email: [email protected]

Phone: (416) 577-4865

Address: Toronto, ON, Canada

These Terms of Service are effective as of the date listed above and will remain in effect until modified or terminated.