Terms + Conditions
Jump to: e-Design Agreement
BY VISITING ASHAMAIADESIGN.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Effective beginning: January 1, 2017
OVERVIEW
The terms “we,” “us,” and “our” refer to Asha Maía Design LLC, dba Asha Maía Design. The term the “Site” refers to ashamaiadesign.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Asha Maía Design LLC provides interior design advice via blog, interior design services, consultations, and online design products (the “Service”). Use of ashamaiadesign.com, including all materials presented herein and all online services provided by Asha Maía Design LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to interior design advice and tools and other information are subject to change. Asha Maía Design LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Asha Maía Design LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give to Asha Maía Design LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATIONS
We may email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Bookings for any consultation services are non-refundable. However, the consultation can be used at any time and is transferable. This includes, but is not limited to: Full-Service Design Consultations, Designer’s Consult, and Paint Color Consultations.
Bookings for Online Design services are refundable for up to 48 hours after purchase. No refunds will be given after consultation has begun, or design work has started.
Sales of digital products are final. No refunds will be issued to those who purchase duplicate content, i.e. one product is also a part of another digital product bundle.
Ambiance by Asha-Maía - Luxury Soy Candles are able to be returned for a full refund within 3 days of receipt, unused and in their original condition. Return shipping costs are the sole responsibility of the buyer. Customized orders are not eligible for return.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Asha Maía Design LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Asha Maía Design LLC remains yours to the extent that you have any legal claims therein. You agree to hold Asha Maía Design LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Asha Maía Design LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon posting of the new Terms and Conditions on this Site. Any use of the Site or Service by you means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ASHA MAÍA DESIGN LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ASHA MAÍA DESIGN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ASHA MAÍA DESIGN LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ASHA MAÍA DESIGN LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU ASHA MAÍA DESIGN LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD-PARTY RESOURCES
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Asha Maía Design LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
ASHAMAIADESIGN.COM may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Asha Maía Design LLC and Asha Maía Design LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Asha Maía Design LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Asha Maía Design LLC of the site or any association with its operators.
Certain services made available via ashamaiadesign.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the ashamaiadesign.com domain, you hereby acknowledge and consent that Asha Maía Design LLC may share such information and data with any third party with whom Asha Maía Design LLC has a contractual relationship to provide the requested product, service or functionality on behalf of ashamaiadesign.com users and customers.
AFFILIATE LINKS
If you click on a link that we have provided, it may be a link to a third party where Asha Maia Design may make a commission if you buy something from their site. This means we may make a revenue commission if you make purchases after following that link. By visiting this site you are in acceptance of this policy.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use ashamaiadesign.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Asha Maía Design LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Asha Maía Design LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Asha Maía Design LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Asha Maía Design LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Asha Maía Design LLC or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication Services; violate any code of conduct or other guidelines which may be applicable for any particular communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Asha Maía Design LLC has no obligation to monitor the Communication Services. However, Asha Maía Design LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Asha Maía Design LLC Concepts reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Asha Maía Design LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Asha Maía Design LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Asha Maía Design LLC does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Asha Maía Design LLC specifically, disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Asha Maía Design LLC spokespersons, and their views do not necessarily reflect those of Asha Maía Design LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Asha Maía Design LLC does not claim ownership of the materials you provide to ashamaiadesign.com (including feedback and suggestions) or post, upload, input or submit to any Asha Maía Design LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Asha Maía Design LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Asha Maía Design LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Asha Maía Design LLC’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD-PARTY ACCOUNTS
You will be able to connect your Asha Maía Design LLC account to third-party accounts. By connecting your Asha Maía Design LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
INTERNATIONAL USERS
The Service is controlled, operated, and administered by Asha Maía Design LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Asha Maía Design LLC Content accessed through ashamaiadesign.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Asha Maía Design LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Asha Maía Design LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Asha Maía Design LLC in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASHA MAÍA DESIGN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ASHA MAÍA DESIGN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ASHA MAÍA DESIGN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASHA MAÍA DESIGN LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASHA MAÍA DESIGN LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
Asha Maía Design LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alexandria and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asha Maía Design LLC as a result of this agreement or use of the Site. Asha Maía Design LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Asha Maía Design LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Asha Maía Design LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Asha Maía Design LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Asha Maía Design LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
ASHA MAÍA DESIGN ACCOUNTS
We reserve the right, at our sole discretion, to terminate your account and access to the Site and the related services or any portion thereof at any time, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Asha Maía Design LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Asha Maía Design LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Asha Maía Design LLC.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and emailed to: info@ashamaiadesign.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Virginia as applied to contracts that are executed and performed entirely in Virginia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Fairfax County, VA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
e-Design Agreement
ASHA MAÍA DESIGN e-DESIGN AGREEMENT
I UNDERSTAND THAT THE DESIGN FEE FOR E-DESIGN IS NON-REFUNDABLE. I UNDERSTAND THAT I WILL FURNISH THE INFORMATION REQUESTED BY ASHA MAÍA DESIGN LLC IN ORDER FOR THEM TO CREATE MY DESIGN PLAN. I FURTHER ACKNOWLEDGE THAT THE INFORMATION PROVIDED IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND THE E-DESIGN SOLELY RELIES ON THIS INFORMATION. I UNDERSTAND THAT THE COMPLETED DESIGN WILL BE DELIVERED TO ME EITHER THROUGH THE CLIENT/DESIGNER STUDIO OR THROUGH EMAIL. THERE IS NO FACE-TO-FACE MEETING, AND THE DESIGN WILL BE IMPLEMENTED BY ME UNLESS OTHERWISE ARRANGED.
e-DESIGN TERMS AND CONDITIONS
This service is for online design consulting, also known as e-Design. The names previously listed may be used interchangeably throughout this agreement. It is best suited for individuals who want to be actively involved in the management of their project. Some knowledge of how to use a measuring tape, take photos, and computer skills are necessary. You do not have to be tech-savvy, as step-by-step directions will be given in most cases.
Asha Maía Design LLC is not responsible for the execution of design concepts provided. Our “e-Design” service is intended to kick start your project and may or may not meet all your needs for a particular project. You understand that we are providing you with a design plan that you will execute and implement by doing all the purchasing and coordinating with the vendors that we specified in the shopping list. Once we deliver the plans to you, we have fully satisfied the agreement and we are released from further obligations. Asha Maía Design LLC will supply instructions for the taking of measurements for the space to be designed, but the client is responsible for providing accurate dimensions. If you live in our local service area, we can do the measurements only for you at an additional cost of $525 per trip. Asha Maía Design LLC will supply a questionnaire to get to understand your design style and expectations for the finished design. If you are located in Alexandria, VA, and surrounding areas, you may request an in-home consultation at a separate fee of $525 for up to 2 hours to see the space firsthand.
Asha Maía Design LLC will not be responsible for the means, methods, or procedures of construction, fabrication, delivery, & installation, or safety precautions in connection with its Online Services, for the acts or omissions of the contractor or any, subcontractor, supplier, or other person performing the work of Online Service; or, for any failure of them to meet any schedules or completion dates. When appropriate, Asha Maía Design LLC will provide links for suggested products for your project that may connect you to a third-party vendor. We assume no responsibility or liability for your purchasing experience with third-party vendors and recommend you review their policies before committing to any purchase. In some cases, where appropriate and/or possible, products will be specified by manufacturer and item number, giving the client the option to shop the product on their own for best pricing or for reference if they prefer to use local vendors. Client preferences will be determined through the initial questionnaire upon receipt of payment. In some cases, Asha Maía Design LLC receives a commission on the products we specify. In all situations, Asha Maía Design LLC will endeavor to specify products and sources that are in the best interest of the client and their project. All drawings provided by Asha Maía Design LLC are to be considered conceptual to convey the finished design and are not intended for construction purposes. Any drawings provided will be sufficient to present to a contractor or workroom to convey the overall design desired and to receive estimates if desired. All measurements are to be verified on site by any contractor or supplier before any final bids for materials or labor are submitted.
Asha Maía Design LLC provides one round of revisions for your project, up to three items, provided they are requested within 14 days of delivering your final design. We will begin to charge hourly for any revisions above the three included, at an hourly rate of $275, with a minimum billing of $275. All items specified are available through local or online retailers. We are not obligated to search for or provide the lowest prices, markdowns, or discounts available on specified items. We have no control over their stock and inventory or fluctuations in pricing. Therefore, items may be on back-order, discontinued, or increased in price by the time you order. You are responsible for finding suitable replacements for these or any items that do not meet your desired price point. Any further requests or changes beyond the 14-day allowance will incur an additional charge at an hourly rate of $225, with a minimum billing of $275.
NOTE: $275 is due upfront to initiate any revisions above the three included or any further requests outside the 14-day allowance. The balance incurred will be due before revisions and/or requests are furnished to the client.
Asha Maía Design LLC offers complimentary email support for any questions you have concerning your virtual design package for 14 days following full acceptance of the proposed design. Asha Maía Design LLC will not commence on behalf of the client until payment is received in full and all questionnaires and information required are submitted. There are no refunds issued on Online Services.
Asha Maía Design LLC reserves the right to use any project drawings and/or photos for promotion of design services on social media or our website with the explicit guarantee that client privacy will be protected.
For any questions in regards to this agreement please contact us at: hello@ashamaiadesign.com.