Introduction
These Terms of Use (“Terms”) govern your access to and use of the website emberatlass.com and our studio services. By using our website or engaging our services, you agree to these Terms.
Definitions
- “We/Us/Our” means Ember Atlass, an interior design studio based in NSW, Australia.
- “Client/You/Your” means the individual or entity engaging us for services.
- “Services” means our design-related services as described on the website or in proposals.
- “Deliverables” means documents, drawings, schedules, specifications and other outputs we produce.
Services
We provide interior design services including (but not limited to) concept development, design documentation, FF&E specification, and advisory support. The scope for any engagement will be set out in our proposal and/or email confirmation.
Quotes & Fees
- Quotes are based on the scope provided and remain valid for the period stated in the proposal.
- Fixed fees cover only the described scope; out-of-scope work is billed additionally upon your approval.
- Disbursements (e.g., printing, courier, travel outside standard areas) may be charged at cost.
Client Responsibilities
- Provide accurate information, timely feedback, and necessary access to premises and data.
- Secure any required approvals/permits unless otherwise agreed.
- Appoint a single point of contact for decisions.
Changes & Scope
Changes requested after design sign-off or outside the agreed scope may affect timelines and fees. We will advise of impacts before proceeding.
Payments & Invoices
- Invoices are issued per phase or milestone as outlined in the proposal.
- Payment terms are typically 7–14 days from invoice date unless stated otherwise.
- Late payments may delay delivery and incur reasonable administrative charges.
Intellectual Property
- We retain ownership of all intellectual property in our concepts, drawings and documents until full payment.
- Upon full payment, you receive a non-exclusive, non-transferable licence to use the Deliverables solely for the project for which they were created.
- Our pre-existing materials and know-how remain ours.
Materials & Suppliers
- Supplier availability, lead times and pricing can change; we will suggest suitable alternatives if required.
- If we assist with procurement, risk of loss passes to you upon supplier dispatch or delivery, per supplier terms.
Site Access & Safety
You must ensure a safe environment for site visits. We may refuse or suspend on-site services if safety risks are identified.
Warranties & Limits
We provide services with reasonable care and skill. Except as required by law, we do not warrant that Deliverables will meet every expectation or that third-party products/services will be defect-free.
Liability
To the extent permitted by law, our liability for loss or damage arising from the Services is limited to re-supplying the Services or paying the cost of having the Services re-supplied. We are not liable for indirect or consequential loss.
Delays & Force Majeure
We are not responsible for delays caused by events beyond our reasonable control, including supply chain issues, industrial actions, or extreme weather.
Termination
- Either party may terminate for convenience with written notice, subject to payment for work completed and committed costs.
- We may terminate immediately for material breach, safety concerns, or non-payment.
Confidentiality & Privacy
We treat your information as confidential and use it only for delivering the Services, except where disclosure is required by law. For details on how we handle personal information, see our Privacy Policy.
Governing Law
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of NSW.
Dispute Resolution
If a dispute arises, the parties will first attempt to resolve it by good-faith negotiation. If unresolved within 30 days, either party may seek mediation before commencing litigation.
General
- These Terms, together with the proposal (if any), constitute the entire agreement regarding the Services.
- If any provision is unenforceable, the remainder remains in effect.
- No waiver of rights is effective unless in writing.
- We may update these Terms by posting a new version with an updated effective date.
Contact
- emberatlass@gmail.com
- +61 431 040 965
- 4407/4 Daydream St, Warriewood NSW 2102, Australia