Virtual Design Terms & Conditions

Thank you for choosing McConnell Allen Interiors for your designing needs. We are a team of design consultants and we are delighted that You have chosen us to design Your space (the “Design Services”) and look forward to working with You. We think You will find that our rates are very low compared to industry standards. In order to maintain these low rates, we must institute these Terms and Conditions. The following Terms and Conditions will hopefully answer most if not all of Your questions regarding the placing and fulfillment of Your order.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These Terms and Conditions are effective from the date You place Your order and form a binding legal agreement between McConnell Allen Interiors, dba McConnell Allen Interiors (“MAI”), and either (i) You in Your individual capacity or (ii) You in Your capacity as authorized representative of another person, company or other legal entity, together with that person, company or other legal entity for whose benefit You order the Design Services (“You” or “Your”).

YOUR ORDER:

1. Acceptance of Terms.

MAI’s acceptance of any order is expressly made conditional upon Your agreement to these Terms and Conditions. By placing an order, You confirm that You have first read, understood and accepted these Terms and Conditions, and You acknowledge that You are bound by them. If You do not wish to be bound by these Terms and Conditions, then do not complete Your order.

2. Placement of Orders.

Placement of an order using the MAI website at McConnell Allen Interiors (the “Site”) shall constitute an order to MAI for one of the following Design Services:

1. Speed-E-Design – Ordering this package entitles You to a one hour email or phone consultation with one of MAI’s designers. You will be required to fill out a questionnaire that describes the Designing Services You desire and describes the space to be designed. During this one hour consultation, MAI will provide You with professional design advice, guidance and expertise based upon the Questionnaire and other information provided by You.
2. Design in Detail – This package includes the one hour complimentary telephone consultation as well as creating a design for You based upon Your ideas, vision and information You provide through the Questionnaire and the one hour phone consultation. Based upon the photos sent via mail or email, MAI will provide You with a proposal of estimated hours to complete the scope of work you requested. Depending on your requests we will send you selected materials such as paint chips, floor coverings, fabrics, and other materials so You can see the actual colors and feel the products.

3. Order Confirmations.

A confirmation email is normally sent within 24 hours of receipt of each order. Make sure that MAI’s e-mail address is not blocked by spam filters. If You do not receive a confirmation e-mail, contact MAI by phone to confirm our receipt of Your order. To avoid possible double-ordering (and double-billing), resubmit an order only if MAI confirms in writing that Your original order was not received.

4. Pricing.

1. Speed-E-Design - The Speed-E-Design is priced at the flat rate listed on the Site. Once ordered, there are no cancellations or refunds.
2. Design in Detail – The Design in Detail is billed at an hourly rate. A non-refundable deposit is required to start the Design Services for the Design in Detail but the deposit is credited toward the total fee. Once the deposit and questionnaire are received from You, a mutually agreeable time for the one hour complimentary phone consultation is set. After the phone consultation, MAI will provide you with an estimate of the number of hours required to complete the Design Services based upon your specific needs. MAI will use its experience, knowledge and expertise as design consultants to try and provide You with an estimate that is as close as possible to the actual number of hours that the job takes. However, the actual number of hours spent on any particular job may be more or less than the estimated time. Once the work has started, you will be sent monthly invoices for the actual time spent in the prior month for the Design Services. Invoices are due within 30 days of receipt.

5. Your Obligations.

In order for MAI to timely and properly complete Your Design Services, You will need to include all of the following in responding to the Questionnaire:

• Digital pictures of every angle of the space being designed
• Floor plan of house or a sketch of each room showing locations of doors, windows, entry ways, etc.
• All measurements from wall-to-wall and floor to ceiling noting where doors, windows and entry ways are placed
• All door and window sizes including the distance from the floor to the bottom of the window, all dimensions of the window, and the distance from the top of the window to the ceiling
• Room ceiling height
• Pictures of items that inspire You or show Your style (can be website links or magazine clippings, etc.)
• Paint colors, flooring, fabric and other items that You absolutely do not want changed. The name of the manufacture, color, samples or other information that would be useful in helping to identify the exact product.

Failure to include one or more of the above items could result in MAI providing You with Design Services that are not suited for the space. MAI is not liable to You for You failing to provide the information necessary to design Your space.

6. Confidentiality.

All drawings, photographs and other renderings submitted by You become the property of MAI and may be used by MAI for any purpose including, without limitation, promotional purposes such as posting of the drawings, photographs or renderings on the Site. All drawings, photographs, and other renderings of any kind provided by MAI as part of the Design Services may be used by MAI for any purpose including promotional purposes. All drawings, photographs, and other renderings of any kind provided by MAI as part of the Design Services are for Your personal use only and shall not used in any advertising or promotion, posted on any web site, or otherwise published in any way by You or any third party.

7. Modifications.

Design in Detail – You may modify Your order for the Design in Detail at any time. However, any modifications may result in a substantial change to the estimated and/or actual number of hours required to complete the Design Services. Modifications must be in writing and confirmed by MAI. If You do not receive an email from MAI confirming receipt of Your modifications within 24 hours, You must contact MAI by phone to confirm receipt. Once You contact MAI by phone to inform MAI of the modifications, MAI will send a confirming email within 24 hours. Once a modification is confirmed, MAI may, but is not required to, re-calculate the estimated amount of time required to complete Your Design services.

8. Termination.

MAI reserves the right to terminate any and all projects at any time and for any reason including its own convenience. All terminations by MAI will result in a refund to You of money paid for Design Services not yet rendered by MAI.

9. Implementation.

You are solely responsible, and shall accept full responsibility for, all hiring of contractors, laborers or other workers, construction, obtaining of all required permits, and purchases of all materials and other products required to implement the design. MAI’s recommendations are for Your convenience only. You are responsible for making all final decisions regarding the Design Services including, but not limited to, exact measurements, materials used, and which contractors, subcontractors and suppliers are used, and MAI shall not be held liable for any acts or omissions of any such measurements, materials, contractors, subcontractors or suppliers, recommended or otherwise.

10. Changes.

All prices and package descriptions are subject to change. MAI is not responsible for pricing, typographical or other errors, in any price or time estimate or description, and reserves the right to cancel or refuse, in its sole discretion and without any liability or obligation, any orders resulting from such errors.

11. Limited Warranty.

MAI warrants to the original purchaser that the Design Services will be performed in a workmanlike manner in accordance with generally accepted industry standards. Except as provided in this section, MAI MAKES NO WARRANTIES OF ANY KIND AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability.

MAI SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DESIGN SERVICES HEREIN AUTHORIZED INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF OR INABILITY TO USE THE DESIGN SERVICES GENERATED BY MAI EVEN IF MAI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. MAI'S TOTAL LIABILITY SHALL BE LIMITED TO THOSE DIRECT DAMAGES SUFFERED BY YOU DUE TO MAI'S PERFORMANCE OR NON-PERFORMANCE OF THE DESIGN SERVICES AND IN AN AMOUNT NOT TO EXCEED THE FEES ACTUALLY PAID BY YOU TO MAI FOR DESIGN SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED. EXCEPT FOR AN ACTION BASED ON NON-PAYMENT, NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

13. Indemnification.

You agree to indemnify and hold MAI and MAI’s officers, directors, agents and employees harmless against any and all claims, causes of action, suits, proceedings, losses, damages, demands, fees, expenses, fines, penalties and costs (including reasonable attorneys' fees and expenses) arising directly or indirectly out of Your or MAI’s performance or non-performance under this Agreement. Your obligations under this Section, “Infringement”, will survive any termination or expiration of this Agreement.

14. Links to Other Sites.

MAI may provide links to other web sites or resources that provide useful information, materials or other products as part of the Design Services. Those web sites and resources are owned and operated by third parties and access to and use of those web sites and resources is governed by the terms and policies of those web sites or resources. You acknowledge and agree that MAI is not responsible or liable for: (i) the availability or accuracy of such web sites or resources; or (ii) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link does not imply that MAI endorses the linked site. You use the web sites, links and resources at your own risk.

15. Governing Law and Venue.

These Terms and Conditions shall be governed by, and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. All actions with respect hereto shall be brought in the state and federal district courts of Texas, and in no other jurisdiction.

16. Assignment.

MAI shall perform its obligations as an independent contractor and not as an employee or agent of You. MAI shall have the right to subcontract any or all of its obligations to one or more parties.

17. Severability.

If and to the extent that any provision of these Terms and Conditions or the Site is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of these Terms and Conditions or the Site in any other jurisdiction.

18. Section Headings.

The section headings and numbering of these Terms and Conditions are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.

19. No Waiver.

No failure or delay by MAI in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by MAI shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

20. Disclaimer.

MAI performs design consulting services in the State of Texas. Patti Allen of MAI Interiors is a registered or licensed Interior Designer in the State of Texas (license #10770.) Nothing herein shall be construed as to create any obligation upon MAI to become licensed or registered in any other state.

21. Entire Agreement.

These Terms and Conditions represent the full and complete understanding of the parties with respect to the subject matter hereof, superseding all prior understandings, arrangements and representations, whether verbal, written, or presented online.