The extend of the Services are as stated in the agreed Scope of Services and Scope of Works. KINN interior design packages and deliverables are for quoting purposes and for design guidance only.

KINN shall perform and complete the Services in accordance with the agreed Scope of Services & Works and as per the schedule of construction works provided by the appointed Project Manager or Contractor. 

If KINN performs services for the Client prior to the operative date of the Scope of Services and Works, those services shall be incorporated in the Scope and are governed by the terms of the agreement.

KINN allows for a continuous interior design timeline of works. Should the project extend beyond this or be stalled on request of the client, KINN may need to review the deliverables and charge additional hours of work. The timeline for client meetings and key dates may change according to variables such as additional requirements for statutory approvals, client request for design amendments, or other unforeseen circumstances. 

KINN requires a deposit payment before commencement of design works. The deposit amount will be communicated to the clients and based on the estimated interior design fee.

After deposit is paid, KINN will invoice fortnightly for the hours spent on the project within the terms of the agreed Scope of Works and Services.

Payment of invoices is due within 7 days of issue. Should payment not be received within the agreed terms, KINN reserves the right to withhold services.

KINN shall be entitled to be reimbursed for all project affiliated costs. This includes but is not limited to, shipping, couriers, parking fees, transport, accommodation.

KINN shall claim payment of the agreed re-imbursements by issuing invoices to the Client. Each invoice shall be given in writing. Payment shall be due within 7 days. 

If any payment by the Client to KINN is overdue, then the Client must pay interest at a rate of 3.5% per month (or part thereof), until the overdue amount is paid in full. Interest must be paid after invoice has been issued to the Client. Any payment by the Client will first be applied to outstanding interest.

If any money is owed by the Client to KINN under the agreed Scope of Services and Works, KINN may withhold performance of any Services (including the supply of Documents and/or Goods) until arrangements for payment have been agreed by KINN with the Client. 

The estimated interior design fee calculated at the time of the Scope of Works and Services is written and approved by the client is an estimate only based on an anticipated number of hours needed to complete a task. This estimation is not a fixed contract; all hours spent on the projects are entitled for payment.

KINN will use commercially reasonable endeavours to perform the Services within the time (if any) estimated in the agreed Scope of Works and Services.

If no time for performance is specified in the agreed Scope of Works and Services, KINN will perform the Services within a reasonable time depending on the Contractor’s or Sub-Contractor’s programme/timeline, client’s decision making time, variations, suppliers’ ETAs, and world’s climate. 

The Scope of Services and Works shall commence upon receipt by KINN of a copy of the agreed Scope of Services and Works signed by the Client and shall remain ongoing until the completion of the Services or earlier termination of the Design Contract.

Either party may immediately terminate the agreed Scope of Services and Works by written notice to the other if a party:

a. files a bankruptcy request, becomes insolvent, makes an assignment for the benefit of its creditors;

b. is in default of any of its material responsibilities or obligations under this agreed Scope of Services and Works, and such default is not remedied within ten (10) days of receipt of written notice from the other party requiring it to do so; 

c. breaches KINN code of ethics signed and approved by the client. The code of ethics refers to, but is not limited to, professional conduct, parties’ best interests, plagiarism, industry standards, defaming character, bullying and collaboration with other sub-consultants, and contractor.

If the Design Contract is terminated for the reasons as stated above, KINN shall be entitled to payment of:

a. the total amount of hours spent on the project where KINN has performed up to and including until the date of termination;

b. the cost of any Goods ordered prior to termination which cannot be cancelled.

The Client may vary the works to be performed by KINN by giving written notice.

KINN will adjust the Services as instructed by the Client to the extent it is reasonable and when possible to do so within the project and construction timeline.

KINN shall be entitled for payment for additional works arising from a variation to the Services not caused by KINN. This will be invoiced on an hourly basis, invoiced issued fortnightly and payment must be received within 7 days of issue. 

If any money is owed by the Client to KINN for additions to and variations from Scope of Services and Works, KINN may withhold performance of any Services (including the supply of Documents and/or Goods) until arrangements for payment have been agreed by KINN with the Client.

KINN is entitled to an extension of time specified in the agreed Scope of Services and Works for performance of the Services which is required for a variation not caused by KINN. The appropriate extension to be given is to be determined, within reason, by KINN.

Fabrics, wallpaper, imported goods, and in stock items require 100% payment prior to purchase. All other orders generally require 50% payment on ordering and follow the suppliers’ payment terms and conditions. All final payment on all items is due prior to delivery/installation.

If the client chooses to return any item after it’s been ordered, it is strictly at the supplier’s discretion to agree. It is also subject to the supplier’s restocking fee or cancellation policy (generally 20-50% in addition to the return freight).

Note that there is no exchange, no credit, and no refund on bespoke and custom-made goods, or imported and specialty orders. There is no exception to this term.

Warranty claims and service calls after the project completion are to be dealt with by the client. KINN can provide copies of proof of purchase for warranties. If the Client would like KINN to manage warranty claims or service calls, KINN will invoice at the project management hourly rate which will be invoiced separately. KINN is not responsible for any sub-contractor fee that may be affiliated with said warranty, unless mutually agreed and signed by all parties.

If the client wishes to use a credit card to make payments, KINN uses a 3^rd party facility. The 3^rd party charges a fee for this service. The service fee is 1.75% on Master Cards, Visa, Amex and higher fees charged on cards not noted. We advise the client to consider the fee before they continue through the payment portal. To avoid the fee, the client may pay via Bank Deposit.

To the maximum extent permitted by law, KINN gives no warranties on any Goods.

The parties acknowledge and agree that KINN may by agreement purchase Goods on behalf of the Client for the purposes of the Services. In the event KINN does so:

a. the Client must pay according to section Payment and Procurement of KINN Terms & Conditions; 

b. KINN accepts no liability in respect of those Goods (including for payment of cancellation fees if the order is cancelled upon request of the Client) other than as expressly provided in the agreed Scope of Works and Services;

c. furniture and furnishing items purchase involve a procurement fee that generally fluctuates between 10 and 30% depending on the suppliers’ T&C;

d. in the event that KINN is requested to reselect furniture, equipment, fabrics, fittings or soft furnishings due to unforeseen circumstances, KINN reserves their rights to invoice their time spent for reselection.

Risk of damage to any Goods under the Scope of Works and Services passes to the Client upon order of those Goods.

If any Goods are withheld by KINN due to overdue invoices by the Client when delivery by KINN to the Client would have been able, then the risk in the Goods passes to the Client.

Ownership of Good’s Services passes to the Client upon payment for those Services.

Clients’ change of mind of any part or aspect of the design process or goods procurement as agreed in the Scope of Works/Services or in any written documents are not accepted as a reason for refund or for additional design works or procurement to comply with the client’s new idea.

Any change of mind is considered by KINN as a new scope of works that requires the clients to stipulate by writing their new scope which will be quoted by KINN as a variations requiring additional design works or procurement on behalf of the clients.

The parties acknowledge and agree that KINN is an independent contractor, not an employee of the Client or any company affiliated with the Client and their contract with the appointed Contractor. KINN shall provide the Services under the general supervision of the Client, but KINN shall determine, at their sole discretion, the manner and means by which the Services are to be performed.

The agreed Scope of Works and Services does not create a partnership or joint venture and neither party is authorized to act as an agent or binds the other party except as expressly stated in the agreed Scope of Works and Services.

The Designer shall be permitted to engage and/or use a Sub-Consultant or other services provider as independent contractors in connection with the Services. Regardless of the above, KINN shall remain fully responsible for such design Sub-Consultants’ compliance with the various terms and conditions of the agreed Scope of Works and Services.

Each party shall keep all information confidential, and shall not without the prior written consent of the other party:

a. divulge, communicate or disclose the confidential information or any part of it to any person, entity, or company other than those of its Personnel requiring the confidential information for the purpose of the agreed Scope of Works & Services or for the purpose of complying with applicable laws;

b. use or allow its Personnel to use any confidential information for any purpose other than in relation to the provision of obligations under the agreed Scope of Works and Services.

The Client Agreement (Scope of Works and Services) is to be signed by the client, with lawful authority and financial capacity to do so.

The Client is appointing KINN to act as their interior designer and procurement agent for the project as described in the Scope of Services and Works. 

The Client shall provide KINN with all necessary and requested materials, written approvals, and instructions in accordance with the agreed Scope of Services / Works. This includes, but is not limited to, access to site, meetings, drawings, and feedback in a professional and timely manner.

The Client obligations and responsibilities is to provide:

a. coordination of any decision making with all other parties;

b. the appointed Contractor’s working drawings;

c. timeline of works (or programme) from the appointed Contractor;

d. information from third parties required for KINN to perform the Services.

The Client acknowledges and agrees that:

a. they shall be responsible for performing their obligations under the agreed Scope of Services and Works in a professional and timely manner (approval and confirmation must be received within 7 days from the date communication is received);

b. KINN’s ability to perform the Services in accordance with the agreed Scope of Services and Works depends upon the Client’s prompt execution of their obligations under the agreed Scope of Services and Works;

c. they will provide constructive feedback within 7 days from the date of communication received;

d. any delays in the Client’s execution of their obligations, or variations to the Design Services caused by the Client, may delay performance of the Design Services, and that any delay caused by the Client shall not constitute a breach of any of KINN’s obligations under the agreed Scope of Services and Works;

e. they engage directly the specialists consultants specified if and where required, after consultation with and/or referral from KINN who will act on their behalf for design and technical instructions where applicable. KINN accepts no liability for costs incurred for the engagement of sub-constants required to complete the project;

f. they allow KINN reasonable access to photograph or document and record progress work before, in, and after construction;

g. they notify KINN with any details of the project that the client requires KINN to keep confidential.

The Client must, in a professional and timely manner, review all documents provided by KINN, whether the documents comply or not with the terms of the agreed Scope of Services / Works.

If the Client fails to respond to KINN within 15 days of receiving of the Documents, and/or any time specified in the agreed Scope of Services and Works for its review, then the Documents are deemed to be approved and accepted by the Client.  

If the Documents are rejected by the Client for non-compliance with agreed Scope of Services and Works, then the Client shall promptly address to KINN in writing a request for clarification for any concern, objection, or correction. KINN shall then amend Documents to ensure compliance with the agreed Scope of Services and Works.

If the non-compliance results from any form of variations made by the Client or Contractor, KINN may agree with the Client to amend the Documents, and this is subjected to additional cost based on an hourly rate for the time spent on the additional tasks.

The interior design package is for design guidance only and should not be used for construction purposes. The package should be reviewed by the appointed Architect, Structural Engineer, or Building Certifier for Australian Standards and compliances.

KINN is not responsible for statutory permits, DA, Building Permits, or any other authority applications, payment of application’s fees, and specifications (compliances). 

The client provides KINN with an irrevocable consent and authority to contact and communicate with any and all other statutory bodies, service providers, sub-consultants, that the clients or contractor have appointed for the express purpose of KINN collaborating and being involved in the structural component of the project, acting as the interior designer on behalf of the client to ensure design continuity and integrity.

The client acknowledge and accept that there may or will be instances where once KINN is on-site performing its services during the construction period under the Scope of Works that adjustments and amendments to the construction details may or will be necessary for the flow of the construction to continue in an efficient and cost-effective manner, and where seeking your approval may or will be detrimental to performing the services and delivering on the built works for the client. The client irrevocably consent to KINN making decisions at their discretion where there is no financial impact on the client, and where the Scope of Works is not amended or adjusted significantly that would otherwise warrant your pre-approval, such determination to be at the sole discretion of KINN to make.

The Client acknowledges that KINN remains the owner of all KINN’s Background Intellectual Property. 

KINN acknowledges that the Client remains the owner of all Client’s Background IP.

The Client acknowledges and agrees that all Project’s Developed IP belongs to KINN and is KINN’s property as and when created. The Client hereby transfers all rights, titles, and interests in and to the Project’s Developed IP to KINN.  

KINN grants the Client a revocable license that is non-exclusive, non-transferable (except to third parties for the purposes of the Project), to use KINN s Background IP and Developed IP for the sole purpose of the Project only, and with acknowledgement of KINN’s IP and work.

The Client must not disclose, reproduce, or be involved with the Developed IP or KINN’s Background IP, or allow any other person to do so, for any purpose other than the Project.

The Client ensures that, unless otherwise provided in the Scope of Works and Services, the Client’s scope, design, materials, documents, and methods of working, each specified Scope or provided and directed by the Client, shall not infringe any Intellectual Property Right.

KINN ensures that any other documents and methods of working, provided by KINN, shall not infringe any Intellectual Property Right.

Any modifications, improvements, or alterations by KINN to the Client’s Background IP are owned by and vest in KINN, irrespective of whether the Client has or has not consented to the modifications, improvements, or alterations.

To the extent permitted by law, the liability of KINN to the Client arising out of or in connection with the agreed Scope of Services and Works is, to the extent permitted by law, limited to the Design Fee amount payable under the agreed Scope of Services and Works.

Regardless of any other provision of the agreed Scope of Services and Works, KINN will not be liable to the Client for any business interruption of any nature, loss of production, loss of revenue, loss of profit or anticipated profit, loss of use of any plant or facility, loss of business opportunity, loss of business reputation, loss of contract, value of shares, wasted overheads, payment of liquidated sums, penalties or damages under any agreement or any other indirect/ remote/ consequential/ punitive/ exemplary or special loss or damage, but does not include damage or losses arising from claims by third parties in respect of property damage, personal injury, nervous shock or death.

KINN will seek clients’ approval to use pictures of installation, work in progress, or work completion for their portfolio and social media content. The identity and address of the project will not be revealed.

Each of the parties agrees no to make, or encourage or procure others to make any adverse, critical or disparaging statements, allegations or comments (whether expressly or by inference) with respect to any of the other parties (or their related bodies corporate) or the conduct of any of the other parties (or their related bodies corporate) in any professional or personal capacity, in any way related to the subject matters of the Client Agreement.

The extend of the deliverables are as stated in the agreed Scope of Services and Scope of Works. KINN interior design package and deliverables are for construction quoting purposes & for design guidance only.

All Design Project Management and Procurement Management are invoiced outside of the Scope of Works and Services at an hourly rate as these hours cannot be estimated.

The general deliverables are subject to the design process phases and the agreed scope/project itself:

1. Briefing Phase:

a. Initial client meeting to discuss needs and requirements

b. Develop return brief and scope of works

c. Follow-up client meeting to review scope of works

d. Develop initial design service fee

2. Design Concept Phase:

a. Initial selection of finishes (soft and hard) per room to create a texture/colour schemes

b. Site measure

c. Consultation with the builder about any services changes

d. Reference imagery boards for aesthetics and broad concept of space

e. Initial Plan layout for wet areas, kitchen, downstairs bedrooms, main bedroom area, pool room (loose furniture, fixed cabinetry)

f. Key 3D imagery in white canvas

g. Client review to review the initial floor plan and house schemes

3. Design Development & Documentation for Construction Guidance Phase:

a. Drawings updates following client meeting and cost estimate (for furniture only)

b. Technical drawing package (existing, demo, ceiling plan, floor plan, plan layout, electrical, elevations)

c. Cabinetry package (cabinetry for applicable rooms -plans, elevations, sections, detail drawings)

d. 3D visuals with finishes selections

e. Finishes sourcing and schedules

f. Client review, Meeting with trades where required

4. Design Project Management & Procurement Project Management (charged hourly)

a. Liaison, correspondence with any suppliers and trades (request for information, change of scope)

b. Purchase of furniture and fittings where applicable on behalf of clients

c. Site visits, site instructions, clients’ meetings where required

d. Drawings variations

Waiver

a. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

b. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

c. A waiver by a party is not effective unless it is in writing, signed by that party.

d. The waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

Amendment – no amendment or variation of the Design Contract is valid or binding on the Designer, unless made in writing and signed by the Client and the Designer.

Notices – All notices to be given hereunder shall be transmitted in writing either by registered mail or electronic mail with return confirmation of receipt and shall be sent to the addresses identified in the Design Agreement, unless notification of change of address is given in writing. Notice shall be effective upon receipt.

No Assignment – Neither party may assign, wither in writing or orally, or encumber its rights or obligations under the Design Contract or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party.

Force Majeure – the Designer shall not be deemed in breach of the Design Contract if the Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of god or public enemy, death, illness or incapacity of the Designer or any local, state, federal, national or international law, governmental order or regulation or event.