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Terms & Conditions

We are committed to providing you with the best experience possible. To ensure transparency and clarity, our Terms and Conditions page outlines specific terms for each of our services.

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Tailored Terms for Each Service
We understand that each service we offer is unique, and thus, requires distinct terms and conditions. On our Terms and Conditions page, you will find comprehensive details pertaining to:

  • Service-Specific Guidelines: Detailed rules and requirements specific to each service.

  • User Responsibilities: Clear expectations and responsibilities for users of each service.

  • Limitations and Liabilities: Specific limitations of service and liabilities.

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We encourage you to review these terms carefully to fully understand your rights and obligations. If you have any questions or require further clarification, please do not hesitate to contact us. Your satisfaction and trust are our top priorities.

Terms & Conditions for Interior Design
Hourly Consultation Work

Agreement Overview
These Terms and Conditions outline the agreement between the Interior Designer ("Designer") and the Client ("Client") for hourly consultation services. By booking an appointment, the Client agrees to these terms.
Appointment Booking and Payment
Consultation Duration: Each consultation session is strictly one hour. If the Client requires additional time, they can purchase another hour, subject to availability.
Payment: Full payment is required before the appointment time. This payment secures the Client's consultation slot.
Payment Methods: Payment can be made through [specify accepted payment methods, e.g., credit card, bank transfer, etc.].
Distance and Travel
The Designer is willing to travel for consultations within a 30-minute radius from the office located in Clinton, Utah. Any requests for consultations beyond this distance will incur a travel fee of $40 for up to 1 hour away travel. 
Cancellation and Refund Policy
Cancellation: Clients may cancel their appointment up to 24 hours before the scheduled time without penalty. Cancellations made within 24 hours of the appointment will not be refunded.
No Refunds: In the event that the Client is not satisfied with the services provided, no refunds will be issued. The Designer is committed to providing quality service and encourages open communication to meet Client expectations.
Liability and Warranties
The Designer is not liable for any goods purchased or warranties on those items. The Designer does not assume responsibility for product defects or issues related to third-party items suggested during the consultation.
Limitation of Service
The services provided during the consultation are limited to advice and suggestions only. The consultation does not include any physical design work or purchasing of goods.
Additional Terms
The Designer reserves the right to modify these Terms and Conditions at any time. Continued use of services will constitute acceptance of the updated terms.
By engaging in the consultation services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

Terms & Conditions for Interior Design
Prepackage Designs

This Terms of Use Agreement ("Agreement") is entered into by and between Peony Field Interiors LLC and you, the individual opting to utilize our Online Services, as defined herein (referred to as "you" or "the user").

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Please be advised that our Privacy Policy is governed by these Terms of Use. The Privacy Policy contains provisions that significantly influence the manner in which your personal information is stored, accessed, and processed. Therefore, it is essential to review our Privacy Policy alongside these Terms of Use to fully understand how your personal information is handled.

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Online Services this Terms of Use Covers

Peony Field Interiors is a distinguished interior design firm that offers an online shop where you can purchase comprehensive interior selection and specification design packages. These packages include spreadsheet templates, product source lists, marketing mood boards, detailed product information, and direct purchase links (collectively referred to as the "Design Packages"). Additionally, we provide personalized one-on-one design consultations (the "Design Consultations").

This Terms of Use governs your use of our online services, which encompass our website, http://www.peonyfieldinteriors.com, the Curated Designs Shop, our social media platforms, and any future online services we may develop (collectively referred to as the "Online Services").

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Services This Terms of Use Doesn’t Cover

Our Online Services may occasionally include links to third-party websites and services. Additionally, our Design Packages may contain links to third-party vendors. Please be aware that by clicking on these links, you will be leaving Peony Field Interiors, and our Terms of Use will no longer apply. We do not have control over the operations of our partners or other third parties, and therefore, we do not assume responsibility for the content, privacy policies, or practices of any third-party website, vendor, or service.

Furthermore, when you use third-party platforms such as Google, Instagram, or Facebook to interact with our Online Services, you agree to adhere to their respective service policies. Our Terms of Use are supplementary and not a replacement for any agreements you may have with these platforms.

Additionally, please note that all transactions conducted through the Curated Designs Shop are facilitated by Wix. Consequently, when using our online shop services, you are subject to Wix’s third-party policies.

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Acceptance of Terms of Use

We understand that reviewing these Terms of Use can be tedious. Nonetheless, by accessing our Online Services, you are acknowledging your agreement to comply with and be legally bound by the conditions outlined herein. Therefore, we strongly encourage you to read these terms in their entirety.

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Changes to Terms

We periodically review and update our Terms of Use to reflect necessary changes. The date indicated at the top of this document signifies the most recent revision. We encourage you to review these Terms of Use regularly to stay informed of any updates. Your continued access or use of our Online Services after any amendments signifies your acceptance and agreement to the revised Terms of Use.

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Conditions Before You Access Our Online Services

Our Online Services are intended exclusively for individuals who are 18 years of age or older. Purchases made through these services are strictly limited to users who meet this age criterion. For individuals aged 13 to 17, access to our Online Services is permitted only with explicit consent from a parent or guardian.

Please be aware that if you reside outside the United States, your country may enforce stricter age restrictions. In certain jurisdictions, even with parental consent, individuals over the age of 13 may still be prohibited from accessing our Online Services.

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Company Use Authorization

If you are using our Online Services on behalf of a company, you must possess the necessary authorization to do so and to enter into this Terms of Use agreement.

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User Accounts

You are welcome to browse our Online Services and make purchases from our Curated Design Shop without the need to create a user account. However, engaging with us through social media or interacting with certain Online Services hosted by third parties may require you to provide personal information and, in some cases, establish an account. Please be aware that we do not have control over these third-party accounts. Any personal information we collect will be managed in strict accordance with our Privacy Policy.

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Suspension or Termination from Our Services

Should we suspect any breach of these Terms of Use, we may inform you by issuing a written warning that details the conduct we believe contravenes these terms. Nonetheless, we retain the right to suspend or terminate your access to our Online Services at our discretion and for any reason.

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Returns, Exchanges & Delivery

Once a purchase is completed, it is important to note that cancellations are not permitted, and refunds or exchanges will not be provided for items purchased through the Curated Designs Shop. All sales are final.

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Delivery of Design Packages

Design Packages will be delivered via email within twenty-four (24) hours of your purchase.

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Pricing & Availability of Curated Design Shop Items

You can find the cost of items in our Curated Designs Shop clearly marked on the item that you are looking at in our Curated Designs Shop. There may be times when we need to change our pricing or available items; as such, advertised prices and availability of items are not guaranteed until a purchase has been made and you have received a confirmation email of such a purchase. All Curated Design Shop fees are due upon purchase, and we do not offer any payment plans. All purchases made through our Curated Design Shop are processed directly through Wix, and all credit card payments are processed through PCI compliant third-party vendors; this means we never personally see or store your credit card information when you make an online purchase. PRODUCTS THAT ARE ADVERTISED WITHIN OUR DESIGN PACKAGES ARE NOT INCLUDED IN THE PRICE OF THE DESIGN PACKAGE AND MUST BE PURCHASE SEPARATELY DIRECTLY FROM THE VENDOR.

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Single-Use License for Design Packages

Peony Field Interiors reserves all title and rights to the Design Packages, including all intellectual property rights. Upon purchase of a Design Package from our Prepackage Designs, Peony Field Interiors grants to each Design Package purchaser a single-use license. Accordingly, only the purchaser is permitted to use the Design Package purchased. If you wish to use the Design Package for additional purposes, you will have to seek an additional license from Peony Field Interiors for such uses. To be clear, you cannot resell, lease, duplicate, license, sub-license, redistribute, or offer for free any Design Package or any materials contained in a Design Package to any third party or marketplace. 

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Substitution of Items in Design Package

Modifications to our Design Package materials are not allowed, except for the substitution of items included in a Design Package purchased from our Curated Design Shop. These substitutions should align with your and your client’s design preferences and budgetary needs. It is important to note that substituting items does not transform the Design Packages into distinct creations that can be distributed to third parties. The single-use license remains applicable to all works derived from our Design Packages.

For those seeking additional support, we offer Design Consultation services to assist in selecting substitute items or to provide general guidance on the implementation of the Design Packages. However, please be aware that we do not provide assistance with substitution or implementation needs beyond this service.

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Pricing & Availability of Items Contained in Design Packages 

Within our Design Packages, prices for products and materials may be displayed. These prices are sourced directly from third-party vendors and represent the current pricing at the time the Design Packages are created. We do not have control over the pricing of the items listed in our Design Packages and cannot guarantee that third-party vendors will maintain these prices.

Furthermore, please note that the prices and availability of the materials and products in the Design Packages are subject to change. They may not reflect the final costs due to additional charges such as sales tax, shipping, delivery, ancillary items, and accessories, which are typically determined only at the time of purchase.

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Design Package Disclaimer

All Design Packages offered by our company are intended solely to provide conceptual guidance on interior selections and specifications. These packages are designed to convey the intended design and material concepts. However, we do not guarantee that the Design Packages will comply with applicable building codes or regulatory requirements, nor do we assert that the items recommended within these packages meet any specific quality or standard.

It is important to note that we bear no liability for the external application or implementation of the recommendations contained in the Design Packages. Furthermore, all items included within the Design Packages are subject to the refund, exchange, and warranty policies of the respective third-party vendors.

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Design Consultation Services Scheduling

All arrangements for Design Consultation services will be collaboratively coordinated between you and Peony Field Interiors, contingent upon our availability. Should you need to reschedule a confirmed Design Consultation, we kindly request a notice period of at least forty-eight (48) hours. Failure to provide sufficient notice may result in the cancellation of the consultation or the imposition of an additional rescheduling fee.

Please note that any rescheduled Design Consultations must take place within ninety (90) business days of the original appointment. If this timeframe is not met, we reserve the right to consider the consultation canceled. Additionally, if you do not arrive within fifteen (15) minutes of the scheduled start time, the consultation will be considered canceled.

Please be aware that no refunds will be issued for consultations canceled by you or as a consequence of your actions. We appreciate your understanding and cooperation in adhering to these guidelines.

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General Intellectual Property & Grant of License to Use Online Services

Our Online Services feature content, including the “Peony Field Interiors” name and logo, website design, website code, videos, and photographs, which are protected under copyright, trademark, patent, trade secret, and other applicable laws. We retain exclusive ownership and rights to this content.

Additionally, we incorporate certain open-source and licensed third-party content, such as fonts, images, product specification descriptions, and graphics. We do not claim ownership of this third-party content, and users must ensure their use complies with any applicable third-party licensing agreements.

Peony Field Interiors does not convey or transfer any rights, titles, or interests to you, other than the following limited license: Peony Field Interiors grants you a limited, non-exclusive, non-transferable, revocable license to access and utilize our Online Services strictly for non-commercial, personal purposes. Peony Field Interiors reserves the right to terminate this license at any time if your use of our Online Services does not strictly adhere to these Terms of Use.

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Affiliate and Commission Disclaimer

While we exclusively include items in our Design Packages that we genuinely admire, please be aware that we may receive a commission or other benefits when you make a purchase from a third-party affiliate vendor featured in our Design Packages.

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Guidelines for Content You Upload 

We invite users to engage with our social media platforms. To participate, you will need to create an account with the respective third-party social media service. These platforms are designed to foster a sense of community and facilitate the exchange of questions and ideas. To ensure an enjoyable experience for all, we have established a set of guidelines that you agree to adhere to by using our social media services:

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Guidelines for Use:

Prohibited Actions - Please refrain from the following activities on our social media services:

  • Spamming or Sending Unsolicited Commercial Posts: Avoid using the platform for spam or unsolicited commercial communications.

  • Unauthorized Use of Content: Do not share, upload, copy, distribute, or exploit any content for commercial purposes if you do not solely own it or have not secured the necessary rights.

  • Infringing on Third-Party Rights: Avoid posting content or engaging in communication that infringes on the rights of others, including intellectual property, privacy, contractual, publicity, or confidential information rights.

  • Posting Unlawful or Offensive Content: Do not post or communicate in ways that are unlawful, abusive, defamatory, obscene, or pornographic.

  • Promoting Harmful Behavior: Refrain from posting content that promotes or incites violence, terrorism, illegal activities, discrimination, or hatred based on race, ethnicity, cultural identity, religion, disability, gender identity, or sexual orientation.

Encouraged Actions - We encourage you to:

  • Provide Constructive Feedback: Share your insights on how we can enhance our online services.

  • Inquire About Our Offerings: Feel free to ask questions regarding our products and services.

  • Network and Socialize: Use the platform to build connections and friendships.

  • Exhibit Kindness: Always strive to be a considerate and kind participant.

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Content Ownership and Rights

While we do not claim ownership of the content you create and post on our social media platforms, by doing so, you grant us a non-exclusive, fully paid, and royalty-free, universal, perpetual, and irrevocable license. This license allows us to use, modify, delete from, add to, publicly display, and reproduce your content across any media format or channel, now existing or developed in the future.

Please note that we are not liable for any content posted or communicated via our social media services. However, we reserve the right, as administrators, to remove any content that we determine, at our discretion, to be inappropriate or in violation of these Terms of Use. Remember, the internet is forever.

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Publicity

You hereby grant Peony Field Interiors a perpetual, worldwide, royalty-free, and irrevocable license to use, repost, republish, and share any public reviews, posts, or comments you make about Peony Field Interiors on third-party platforms, including but not limited to Instagram, Facebook, and Google Reviews. This license is granted for the purposes of publicity and marketing.

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Copyright Policy& DMCA Claims

Peony Field Interiors is committed to respecting the intellectual property rights of others. Our policy is to thoroughly respond to and investigate any claims that content used in connection with our Online Services infringes upon any individual's or entity's copyright or other intellectual property rights.

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Reporting Copyright Infringement

If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on a copyrighted work, please submit your claim via email. Address your email to viki@chupik.com with the subject line: “Copyright Infringement.” Your claim should include a detailed description of the alleged infringement.

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Required Information for a Claim

In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include the following information:

  • Signature: An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner.

  • Description of the Copyrighted Work: A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of Infringing Material: Identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located.

  • Contact Information: Your address, telephone number, and email address.

  • Statement of Good Faith: A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • Accuracy Statement: A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages, including costs and attorneys’ fees, for any misrepresentation or bad-faith claims regarding content you report as allegedly infringing.

 

Representations and Warranties

  • Peony Field Interiors Representations and Warranties

You may receive warranties for goods featured in our design packages directly from the third-party vendors selling these goods. However, we do not provide these warranties ourselves, nor do we have any control over third-party warranties or the quality of the goods sold. Our online services are offered on an “as is” and “with all faults” basis.

Peony Field Interiors endeavors to make reasonable efforts to address errors and omissions in our online services. Nevertheless, Peony Field Interiors explicitly disclaims all warranties, both express and implied, related to our online services. This includes, without limitation, the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law.

Furthermore, Peony Field Interiors does not guarantee that the use of its online services will be uninterrupted, error-free, or secure. We do not assure that defects will be corrected or that data will not be lost. It is your responsibility to ensure compliance with all our terms and conditions, and Peony Field Interiors shall not be liable for any actions resulting from non-compliance.

  • User Representations and Warranties

By using Peony Field Interiors Online Services, you represent and warrant that:

  • You confirm that you have the legal capacity to enter into and comply with this Terms of Use agreement. You are not subject to any disability, restriction, or prohibition, whether contractual or otherwise, that would prevent you from agreeing to these terms.

  • You agree to provide accurate and truthful information regarding your personal identification and commit to not using another person's information.

  • You acknowledge that you have read and agree to abide by this Terms of Use. You will not utilize Peony Field Interiors Online Services for any fraudulent or inappropriate purposes, nor will you engage in activities that violate these terms and conditions.

  • You commit to refraining from attempts to reverse engineer our site or software in order to bypass access restrictions to our Online Services. Additionally, you will not attempt to circumvent or hack any technology employed by Peony Field Interiors to protect our Online Services and our users.

  • You pledge not to transmit any worms, viruses, or any other code of a destructive nature that could compromise the integrity of our services or the safety of our users.

  • You will not copy or fraudulently reproduce Peony Field Interiors content, nor will you infringe upon our intellectual property rights in any manner.

 

Limitation of Liability

Peony Field Interiors shall not be held liable for any failure on your part to provide accurate or complete information, maintain the confidentiality of personal information, comply with applicable laws, or adhere to the terms outlined in this Terms of Use. Additionally, Peony Field Interiors will not be responsible for any loss of use, data loss, changes to online services or platforms, temporary or permanent suspension of online services, damage to computer hardware, security breaches, business interruptions, lost profits, breach of third-party contracts, or any indirect, special, incidental, or consequential damages of any kind. This applies whether such damages result from actions under contract, tort, strict product liability, or otherwise.

In no case shall the total liability of Peony Field Interiors under this Terms of Use exceed the amount (if any) that you have paid to Peony Field Interiors for our online services. Should applicable law prohibit the limitation or exclusion of liability as described above, Peony Field Interiors' liability will be restricted to the fullest extent permitted by the applicable jurisdiction.

You acknowledge and agree that these limitations and exclusions represent a fair and reasonable allocation of risk, achieved through fundamental bargaining between you and Peony Field Interiors.

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Indemnification

You agree to indemnify and hold Peony Field Interiors harmless from any and all claims, losses, liabilities, damages, expenses, and costs, including attorney fees, mediation, arbitration, and court costs, that arise from or are related to any breach by you of these Terms of Use or any activity associated with your engagement with our Online Services.

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Privacy, Cookies, and Data Protection

We prioritize the security of your personal information. Any personal data you provide is collected, stored, and processed in accordance with our Privacy Policy. This policy also details our use of cookies and the systems we have in place to protect your data.

 

International Users

Peony Field Interiors Online Services are managed and operated from our headquarters in the United States of America. These services are not intended to be governed by the laws or jurisdictions of any country outside of the United States. We make no representations or warranties regarding the appropriateness, legality, or availability of our online services for use in jurisdictions other than the United States.

Individuals who access Peony Field Interiors Online Services from outside the United States do so at their own discretion and bear all associated risks. This includes, but is not limited to, compliance with the laws and regulations of their respective jurisdictions and any applicable United States export controls. We retain the right to restrict our Online Services, in whole or in part, to any geographic location or jurisdiction at our discretion.

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Dispute Resolution

This section of our Terms and Conditions has significant implications for your legal rights, including your ability to file a lawsuit in court and to participate in a class action. We strongly advise that you read this section carefully and ensure you fully understand it before accessing and using our online services. Please note that this section will remain in effect even after the termination of these Terms of Use or the termination or expiration of any online services provided by Peony Field Interiors.

  • Letting Us Know About Complaints

At Peony Field Interiors, we are committed to addressing any concerns or disagreements with our valued clients in a respectful and calm manner. Should you have any issues regarding Peony Field Interiors Online Services, we encourage you to contact us promptly. Our aim is to resolve any differences collaboratively. However, if we are unable to reach a mutual agreement, the following mandatory binding arbitration process will be implemented to settle the dispute.

  • Mandatory Binding Arbitration

In the event that any dispute or claim arises from or in connection with the Online Services provided under these Terms of Use and cannot be resolved amicably, such disputes or claims shall be resolved through binding arbitration instead of proceeding in a court of law. However, mandatory binding arbitration will not be applicable for claims related to intellectual property infringement or misuse, or any legal disputes that fall under the jurisdiction of small claims court, where resolution would be more efficient and cost-effective.

The arbitration process will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA) and will be administered by the AAA in Travis County, Texas. Arbitration must be initiated by filing a demand for arbitration with the AAA within one (1) year from the occurrence of the claim or within one (1) year of the claimant becoming reasonably aware of the act or omission that gives rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest time period permitted by the applicable law.

Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, unless the AAA Rules dictate otherwise.

  • Prevailing Party

If an arbitrator or court of law adjudicates a claim against Peony Field Interiors as frivolous, or if a decision is rendered in favor of Peony Field Interiors, you agree to fully reimburse the company for all expenses incurred in relation to the arbitration and/or court proceedings. This includes, but is not limited to, attorneys’ fees and all associated arbitration or court costs.

  • Class Action Waiver

By entering into this agreement, you consent to forgo any right to engage in a class action or representative lawsuit against Peony Field Interiors. You agree to initiate any claims solely in your individual capacity. Furthermore, any relief granted by an arbitrator or court of law will pertain solely to your individual case and will not impact other users of Peony Field Interiors' Online Services.

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Assignment
You are prohibited from transferring this Terms of Use, whether in whole or in part, to any other individual or entity without obtaining prior written consent from Peony Field Interiors. Peony Field Interiors retains the right to transfer this Terms of Use, in whole or in part, to any third party at its discretion and without prior notice. This includes, but is not limited to, any individual or entity that acquires all or a substantial portion of Peony Field Interiors' business or assets.

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Survival of Terms Beyond Termination

All provisions outlined in these Terms of Use that explicitly state or inherently require continuation beyond the termination or expiration of these Terms shall indeed persist. This includes, but is not limited to, obligations related to payments, intellectual property rights, warranties, indemnification, and limitations on liability. 

 

Waiver and Severability

Peony Field Interiors’ decision to waive any term or condition within these Terms of Use shall not be interpreted as a waiver of the same term or condition in the future, nor shall it be considered a waiver of any previous or subsequent breach of the same, or any other term or condition within these Terms of Use or any other agreement. Should any term or condition within these Terms of Use be deemed invalid, illegal, or unenforceable for any reason, the remaining provisions will continue to be in effect and enforceable to the greatest extent possible.

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Applicable Law and Jurisdiction

Unless otherwise mandated by applicable law, these Terms of Use, along with our Privacy Policy, shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of North Dakota, without consideration of its conflict of law provisions. Any disputes arising under these terms shall be exclusively resolved within the jurisdiction of Travis County, Texas.

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Entire Agreement

This Terms of Use, together with our Privacy Policy, constitutes the entire and exclusive agreement between Peony Field Interiors and the users of our online services. It supersedes all prior written and oral agreements and communications concerning the subject matter addressed herein.

Should any interior design or staging agreements be provided in addition to this Terms of Use and Privacy Policy, they are intended to complement, not replace, this agreement. In the event of any discrepancies between the provisions of such service agreements and this Terms of Use, the terms of the service agreement shall take precedence.

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Contact Us

We appreciate your patience in reviewing the essential legal terms outlined in this document. Our goal is to provide clarity regarding our expectations for the use of our Online Services. If you have any questions about these Terms of Use, our Privacy Policy, or Peony Field Interiors services in general, please do not hesitate to contact us. We are more than willing to provide further explanation and assistance.

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(801) 896-7785
Challene@peonyfieldinteriors.com

Terms & Conditions for Interior Design
Interior Design Services

General Terms - This Contract is entered into between Peony Field Interiors, LLC and the undersigned client for the provision of design services. The parties agree to the following terms and conditions:

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Scope of Work and Additional Fees: This proposal serves as an outline of the job specifics as defined by Peony Field Interiors and is based on the design assistance requested by the client. The client hereby agrees to remunerate Peony Field Interiors for design services rendered, as delineated in the aforementioned project scope, at the specified rates detailed within this contract. In the event that additional hours or requests beyond the original scope of this project are necessitated, they will incur an extra fee. An addendum to the existing contract will be drafted and agreed upon by both parties to accommodate these changes. All hours worked are meticulously tracked and can be reviewed by the client throughout the design process. Client Design Finalization Meeting: During the client design finalization meeting, Peony Field Interiors shall present samples of finishes, the design board, floor plan, and any other necessary design documents for the client's final approval. This contract entitles the client to one revision of the aforementioned design elements, should changes be required. revisions to the final design at no additional cost. For purposes of this agreement, a “revision” shall mean minor adjustments to the layout, materials, or finishes, but shall not include changes to the fundamental design concept or scope of work. Any additional revisions beyond this allowance will incur supplementary fees, which shall be calculated at the designer's prevailing hourly rate and agreed upon by both parties in an addendum to this contract.

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Project Hours and Completion: The Client shall receive periodic updates regarding the number of hours utilized throughout the duration of the project. In the event that the allocated project hours are nearing exhaustion, the Client will be promptly notified. At this juncture, the Client shall have the following options: Purchase Additional Hours: The Client may elect to purchase additional hours to continue and complete the project in accordance with the original project proposal specifications. Deem Project Complete: Alternatively, the Client may choose to consider the project as complete. In this case, Peony Field Interiors, LLC shall deliver the project in its most complete form possible, utilizing the remaining project hours. All decisions regarding the continuation or completion of the project must be communicated to Peony Field Interiors, LLC in writing.

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Fee Disputes: If Client disputes any portion of an invoice, Client shall notify Designer in writing within ten (10) days of receipt, specifying the reason for the dispute. Client shall pay all undisputed portions of the invoice according to the payment terms herein.

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Defining Roles and Responsibilities: Peony Field Interiors, LLC: Peony Field Interiors, LLC is solely responsible for providing design concepts.  It shall be the obligation of the Client, Contractor, or their Subcontractors to obtain any necessary permits and to purchase all materials required for the implementation of the design into the actual remodel. Furthermore, the coordination, installation, and payment for the various project elements shall be solely the responsibility of the Client, Contractor, or their Subcontractors.

 

Working Hours: The standard working hours for Peony Field Interiors, LLC are from 10:00 AM to 5:00 PM Monday - Friday.  All communications from the designer to the client shall occur within these designated hours. 

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Client Responsibilities: Client shall cooperate with Designer and provide all information, decisions, and approvals necessary for the timely and orderly completion of the project. Providing Designer with full access to the project site during normal business hours and at other times as reasonably requested. Communicating promptly with the Designer regarding any questions, concerns, or changes to the project scope or timeline. Reviewing and approving all design concepts, specifications, and budgets within ten (10) business days of receipt.

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Communication Protocol: The client and designer are encouraged to respond within a reasonable time frame. Designer and client are encouraged to communicate within 24 hours and are expected to respond within 48 hours. Communication shall primarily occur through email. It is advised that each individual email is addressed separately to ensure clarity and prevent miscommunication.

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Collaboration: Peony Field Interiors, LLC is committed to fostering a collaborative environment and encourages the open exchange of ideas between the Company and the Client. This collaboration may involve the sharing of concept photographs and design inspirations through email communication or via a Pinterest board specifically created for the project. However, it is explicitly understood and agreed that this collaborative effort does not extend to or include the Client engaging in meetings with vendors, other designers, or obtaining feedback from third parties without prior written consent from Peony Field Interiors, LLC. Any such interactions must be coordinated through and approved by the Company to ensure consistency and alignment with the project’s overall design vision.

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Purchasing and Procurement: Clients are advised to refrain from making any product purchases until the design process is fully completed. This approach ensures that clients have a comprehensive view of the design and do not make hasty purchases that they may later regret. During the design process products may only be purchased with the explicit written consent of the designer.

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Documents and Drawings: Purpose of Drawings: The drawings provided are intended solely for the purpose of illustrating the design concept. Should these drawings be utilized for engineering, HVAC, plumbing, electrical, architectural or any other  purposes, it becomes the sole responsibility of the Client, Contractor, or Subcontractors to ensure their appropriate application. Accuracy of Client Information: The drawings are prepared based on information supplied by the Client, which is presumed to be accurate. Peony Field Interiors, LLC shall not be liable for any design or installation issues that arise from inaccuracies or miscalculations in the information provided by the Client. All CAD drawings created during the course of the project remain the exclusive property of Peony Field Interiors, LLC. Under no circumstances will these drawings be transferred, sold, or handed over to the Client, Contractor, Subcontractors, or any other party.

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Project Hold, Delays and Contractual Obligations: Should the client place the project on hold for any reason not approved by the designer for a duration exceeding one month, the contract will become void, and all unpaid hours will become immediately payable. A new agreement, including revised costs and contract terms, must be established to resume the project. Peony Field Interiors, LLC shall not be liable for any delays in the completion of the project that are attributable to factors beyond their control. In such circumstances, no reimbursement of design fees will be provided.

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Product Availability: Upon the completion of the project and subsequent transfer of design documents to the client, Peony Field Interiors shall bear no responsibility for the continued availability of products specified within the project scope. The client acknowledges that items may become unavailable due to being out of stock or discontinued. In the event that the client opts for alternative sourcing of specified items, such services shall be rendered by Peony Field Interiors.  These services will be provided at the designer's prevailing hourly rate at the time of the client's request. These terms are agreed upon and understood to be binding upon acceptance of the design documents.

Responsibility for Product Quality: Peony Field Interiors, LLC endeavors to recommend and source high-quality products as part of its design services. However, Peony Field Interiors, LLC shall not be held liable for the quality of any products specified or recommended as part of the project. The responsibility for product quality lies solely with the vendor from whom the Client purchases the product.

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Vendor Communication: In the event that the Client encounters any issues or defects with a product, it is the Client's responsibility to directly contact the vendor to seek resolution. The Designer shall not mediate or intervene in disputes between the Client and the vendor concerning product quality. By entering into this agreement, the Client acknowledges and accepts that Peony Field Interiors, LLC provides no warranty or guarantee regarding the quality or performance of third-party products. The Designer's role is limited to providing design services and recommendations, with no influence over the manufacturing or quality control processes of the products selected. This disclaimer is intended to clarify the boundaries of liability for Peony Field Interiors, LLC, ensuring a clear understanding between all parties involved.

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Marketing Release: The Client hereby grants the Peony Field Interiors, LLC  the sole right and authorization to use photographs and reproductions of the Project. The Client irrevocably grants the Designer the right and permission to use the likeness, in whole or in part, of the Project, including the furniture and accessories located therein, in photographs and other reproductions. These may be used in connection with the Designer’s advertisements, brochures, portfolio, exhibitions, website, or other publications or media. The Designer shall not disclose the address of the Project nor identify the Client or occupants of the Project without prior written consent. If Client wishes to publicize or feature the project in any media, Client shall properly attribute and credit Designer’s contributions.

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Work Product Ownership: Any copyrightable works, ideas, or other information (collectively the Work Product) developed in whole or in part by Peony Field Interiors, LLC in connection with the services will be the exclusive property of Peony Field Interiors, LLC. The client may not use them for any other purpose. The client may not reproduce them for future projects unless written permission and adequate compensation is established.

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Remittance: Statements will be sent monthly and are considered past due after 30 days, with a finance charge of 1.5% per month on unpaid balances. If the account is placed in the hands of a collection agency or an attorney for collection, the Client agrees to pay all account late fees and all reasonable collection and attorney’s fees. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, Peony Field Interiors has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.

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Termination:  This Agreement may be terminated by either party upon the other party’s default in performance. Termination may not be effected unless written notice specifying the nature and extent of default is given to the concerned party, and such party fails to cure the default in performance within ten (10) days from the date of receipt of such notice. Peony Field Interiors, LLC may also terminate this agreement immediately upon written notice if Client fails to make any payment when due or if Peony Field Interiors, LLC reasonably believes that Client’s financial condition places completion of the project at risk. Termination shall be without prejudice to any and all other rights and remedies, and the Client shall remain liable for all outstanding obligations owed to the Peony Field Interiors, LLC. In the event of project termination, Peony Field Interiors, LLC shall not provide the Client, Contractor, Subcontractors, or any other party with PDF or CAD versions of the project or drawings. All rights to the project and drawings remain with Peony Field Interiors, LLC, and they will be retained solely by the company for internal use.

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Project Administration Services:  If the Project requires the engagement of any contractor and/or subcontractors to perform work based on our concepts, drawings, or specifications ("Project Documents"), the Client will enter into contracts directly with the concerned contractor. Peony Field Interiors, LLC cannot be responsible for the performance of any contractor's and/or subcontractor’s work. On-site designer project walkthroughs are available; an additional hourly fee may apply. Peony Field Interiors, contractors/subs, and clients are responsible for confirming and correlating dimensions at the job site. Peony Field Interiors will not be responsible for construction means, methods, techniques, or for safety precautions and programs in connection with the Project. Peony Field Interiors is not responsible for the quality of any items that have been sourced for the Project. All quality or safety issues are the responsibility of the supplier.

 

Limitation of Liability: Peony Field Interiors, LLC shall not be liable to Client for any incidental, consequential, indirect, or punitive damages arising out of or related to this agreement, including but not limited to lost profits, loss of use, or delay damages, even if Peony Field Interiors, LLC has been advised of the possibility of such damages. Designer’s total liability to Client for any and all claims arising out of or related to this agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by Client to Designer under this agreement. Client shall indemnify, defend, and hold harmless Designer, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

 

a. Client’s breach of any term or condition of this agreement;

b. Client’s negligence, willful misconduct, or violation of any applicable law, code, or regulation;

c. Any inaccurate, incomplete, or misleading information provided by Client to Designer;

d. Any changes, modifications, or alterations to the project site or the goods provided by Designer that are made without Designer’s prior written approval; or

e. Any use of the project site or goods provided by Designer for purposes other than those expressly contemplated by this agreement.

 

This indemnification obligation shall survive the termination or expiration of this agreement.

 

Confidentiality: Clients will not communicate with any other designers/builders during the design stages with Peony Field Interiors, LLC. The Client(s) will be delivered with a stop and cease order and an invoice for the full amount of design payment even if the full scope of work is not completed.

 

Project Closure: Upon completion of the project and project documents sent to the client. The Client shall have a five (5) day window to inspect the work and notify the Designer of any deficiencies or issues that need to be addressed. After this period, the project will be considered complete and accepted by the Client, and no further changes or revisions will be made under this Agreement.

 

Communication and Acceptance:  All communication and acceptance of decisions pertaining to any contract with Peony Field Interiors shall be recognized solely from the individual who has affixed their signature to the contract. This stipulation ensures that any amendments, confirmations, or decisions related to the terms herein are acknowledged only when communicated by the signatory party. No other individual or entity shall be considered authorized to make or accept such communications on behalf of the signatory.

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