Terms and Conditions
At Tall Pines Design Group (“Company”, “Us”, “We”, “Our”), We believe every great project (“Project”) starts with a solid foundation—clear communication and mutual understanding. Our terms and conditions (“Terms”) serve as a roadmap to navigate our partnership, ensuring Your vision becomes a reality through a smooth process. By accessing or using our website (“Website”) You agree to the general terms applicable to or Our Services and You agree to be bound by these Terms.
“Client”, “You”, “Your”, “Yours” refers to any individual or entity engaging our Services
Scope of Services
We offer a structured and visionary approach to bring your concepts and visions to life. We undertake the following process to complete Our Services.
Process:
Consultation: We hear your needs, and requirements and take note of your details to complete Our Services.
We will evaluate the requested changes to determine feasibility, impact on the Project timeline, and cost implications.
Material Changes
The client must provide all necessary information and documentation requested by Tall Pines Design Group in a timely manner.
Post Completion Support
Publicity and Marketing
By availing Our Services, you confirm that you are legally competent to contract and transact with Us. If you represent any other person, natural or artificial, you confirm that you have the requisite authority and power to bind such person to these Terms.
Additionally, we deal with third-party service providers for procurement of raw materials, designs, etc. and we accordingly undertake the Services on a reasonable effort basis without providing a guarantee pertaining to quality, design, or authenticity offered by any third-party services.
Subject to applicable Law, we reserve the right to make changes to these Terms as are applicable to You.
We provide a wide range of architectural and construction services (“Services”), including but not limited to:
Undertaking conceptualization and consultation for design;
Undertaking designing, remodeling, and modifications through third-party providers; and
Undertaking modifications, additions, and alterations.
Each Project will be tailored to meet your specific needs and preferences and the terms and conditions pertaining to Your specific Project shall be detailed in the agreement for your Project.
Your association generally shall be governed by these terms and conditions and more specifically by the terms of your Project.
If you are not agreeable to any terms mentioned herein or in your Privacy Policy, you should not proceed to use this Website and underlined services.
While using Our Services You shall not make any commercial, unauthorized use, redistribution, republication, or any reproduction of our intellectual property including but not limited to our designs, renderings, or know-how to any third person.
Our Services
Initial Drafts: After our initial consultations and after you agree to procure Our Services, for your specific Project and through your agreement, we will provide preliminary design drafts based on your preferences and requirements.
Feedback and Revisions: You will have the opportunity to review these drafts and provide feedback and based on our sole discretion we include revisions at no additional cost.
Final Approval: Once you are satisfied with the design, we will finalize the plans and proceed to the next stages of your Project.
Additional revisions may be chargeable beyond the included rounds. Any significant changes in scope or major design alterations requested after the final approval may also affect the Project timeline and budget.
Upon approval of any additional costs and timeline adjustments, we will update the Project plans and proceed with the changes and this may require a change to be made to the specific agreement for your Project.
Please note that significant changes to materials may affect the overall Project budget and timeline. We will provide a revised estimate and timeline for your approval before making any changes.
Project Suspension
You may request a suspension of the Project in writing. We will accommodate this request, but it shall be noted that such suspensions may impact the overall Project timeline and budget.
Failure to make payments as outlined in the payment schedule may result in suspension of Project activities until payment issues are resolved, with the Company retaining the right to terminate Services under Clause 11.
Force majeure events, events beyond our control, such as extreme weather conditions, natural disasters, or supply chain disruptions, may necessitate a temporary or permanent suspension of work and You agree to waive off all indemnification rights arising in connection with such force majeure events.
We will provide written notice detailing the reason for suspension and any anticipated impacts on the Project timeline and budget on a reasonable effort basis and if the details leading to suspension of service are in our actual knowledge.
The Company and the Client agree to use their reasonable efforts to resume the performance of their obligations as soon as the conditions causing the suspension are resolved. However, this is subject to an updated timeline, an updated agreement to undertake Your specific Project, and a revision of the budget for Your Project, if necessary, your specific Project shall be continued only if the renegotiated Project terms are agreed upon by you and us. Please note that extended suspensions may require renegotiation of the Project terms and could result in additional costs and the Company may choose to halt the Project in such scenarios.
Intellectual Property
All designs, plans, know-how, renderings, and other Project -related materials created by Tall Pines Design Group remain our sole and exclusive intellectual property and we extend a limited license to You for Your specific non-commercial usage only.
Upon full payment, you are granted a non-exclusive, non-transferable license to use the designs and plans for the specific Project they were created for.
You may not reproduce, distribute, or use the designs and plans for any other projects or purposes without our written consent.
Any modifications to the designs and plans must be performed or approved by Tall Pines Design Group to ensure compliance with original design intentions and legal standards.
Copyright Infringement: We actively protect our intellectual property rights and will take legal action against any unauthorized use or infringement of our designs and plans.
Protection:
Client Responsibility: You agree to notify us immediately if you become aware of any unauthorized use or infringement of our intellectual property.
Client Responsibilities
The client warrants that all information provided is accurate and complete to the best of their knowledge.
The client must provide us with reasonable access to the property and facilities necessary to perform our work.
The client is responsible for ensuring a safe and secure work environment at the Project site.
The client must provide us with reasonable access to the property and facilities necessary to perform our work.
The client is responsible for ensuring a safe and secure work environment at the Project site.
The client agrees to make timely decisions regarding design approvals, material selections, and any other Project -related choices to avoid delays.
This support includes minor adjustments, corrections, and guidance on maintenance and care of the completed work.
Upon completion of the Project, the Company will provide post-completion support on a requirement basis for a period of 3 months from the date of rendering consultation, to address any issues or concerns arising from the work performed.
This support includes minor adjustments, corrections, and guidance on maintenance and care of the completed work.
You may request support by contacting the Company at broc@tallpinesdesigngroup.com.
The Company will respond to support requests and schedule any necessary site visits or consultations, if the post-completion support is pertaining to a defect directly attributable to us, which will be discussed with us, at our sole discretion.
The Company will respond to support requests and schedule any necessary site visits or consultations, if the post-completion support is pertaining to a defect directly attributable to us, which will be discussed with us, at our sole discretion.
Post-completion support does not cover issues arising from misuse, neglect, unauthorized modifications, or natural wear and tear of the completed work.
Major alterations or additional work requested after Project completion will be subject to a new agreement and additional charges.
The Company reserves the right to photograph and showcase images of the Project, both during and after completion, for marketing and promotional purposes.
These images may be used on the Company’s website, social media platforms, marketing materials, and any other media channels.
By agreeing to these Terms, the Client grants the Company permission to use images of the Project as described above.
If the Client wishes to opt-out of this clause, they must notify the Company in writing before the commencement of the Project.
The Company will ensure that no identifiable personal information about the Client is disclosed in any promotional materials without the Client's explicit consent.
Indemnification
The client agrees to indemnify, defend, and hold harmless Tall Pines Design Group, its employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
Client’s use of the Project or property.
Any breach of this agreement by the client.
Any negligent or wrongful act or omission by the client, its employees, agents, or contractors.
Any third-party claims related to the Project or the client’s property, except to the extent caused by the gross negligence or willful misconduct of Tall Pines Design Group.
The client must promptly notify Tall Pines Design Group of any claim or suit that may lead to an indemnification obligation under this agreement.
Tall Pines Design Group will have the right to control the defense and settlement of any such claim, with the client’s reasonable cooperation.
In no event will Tall Pines Design Group be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits or revenue, arising out of or in connection with these Terms or the Project, whether based on contract, tort, or any other legal theory, even if advised of the possibility of such damages.
Limitation of Liability
Termination
We may terminate our services by providing 30 days' written notice. We will refund any advance payments for work not yet performed.
We may terminate our services immediately if the client fails to make payments when due or otherwise breaches these terms and does not cure such breach within 15 days of receiving written notice.
The client will be responsible for payment for all work performed up to the date of termination.
Governing Law
These Terms and any disputes arising out of or relating to them will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
In the event of a dispute, the Client agrees to first attempt to resolve the issue through good faith negotiations.
Dispute Resolution
Mediation
If the dispute cannot be resolved through negotiation, the Client agrees to submit the dispute to mediation. A neutral third-party mediator will be selected by mutual agreement.
Each party will bear its own costs of mediation, and the costs of the mediator will be shared equally.
Arbitration
If mediation fails to resolve the dispute, the matter will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
The arbitrator’s decision will be final and binding on both parties. Judgment on the arbitration award may be entered in any court having jurisdiction.
Exclusions
The company may seek immediate injunctive relief in court for any alleged breach by the Client.
Warranty
The Services provided by Tall Pines Design Group are on an "as is" and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
Changes to Terms
Tall Pines Design Group reserves the right to modify these Terms at any time, in its sole discretion. Any such modifications will become effective immediately upon being posted on our website or otherwise communicated to the Client.
Clients will be notified of any significant changes to these terms via email or through a prominent notice on our website at least 30 days before the changes take effect.
It is the Client's responsibility to review any changes to these terms and conditions. Continued use of our services following the posting or communication of changes constitutes the client's acceptance of those changes. By continuing to engage our services after changes have been posted or communicated, you agree to be bound by the revised Terms and Conditions.
Your Privacy
We are committed to protecting your personal information. For more details, please refer to our comprehensive Privacy Policy.
If you have any questions about these Terms and Conditions, please reach out to us at broc@tallpinesdesigngroup.com.
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