AGREEMENT FOR THE PROVISION OF INTERIOR DESIGN CONSULTING VIA WHATSAPP
On the one side, KARINA SAAD, interior designer, registered with the Brazilian Association of Interior Designers under No. ABD 7924, hereinafter referred to as the CONTRACTOR, and on the other side the party that is hiring the design consulting services via “Whatsapp”, called the PRINCIPAL, by electronic acceptance of this agreement and completion of the respective registration screen.
2.1- The purpose of this agreement is the provision of technical consulting services for interior design via the “WhatsApp” app.
3.1- The CONTRACTOR’s services are available only to those people who have the legal standing to hire them. They may not be used by persons who do not enjoy such standing, including minors, and the PRINCIPAL is hereby advised of the legal sanctions set out in the Civil Code, notably Article 166, Sub-Section I, Article 171, Sub-Section I, and Article 180, all of them part of the Brazilian Civil Code.
3.2- It is mandatory for the PRINCIPAL to fill in the registration form completely with exact, accurate and true information, attesting that all data is accurate, to legally validate this Agreement for the Provision of Interior Design Consulting via WhatsApp.
3.3- The parties enter into this agreement for the provision of interior design consulting services via “WhatsApp” through the site www.karinasaad.com.
3.4- The PRINCIPAL, in order to make use of the interior design consulting services via “WhatsApp ”, hereby hires the services of the CONTRACTOR through this site.
3.5- None of the conditions of this agreement shall be understood to establish a partnership between the parties, nor are they the basis for demands other than those set out as the purpose hereof.
3.6- It is the sole responsibility of the CONTRACTOR to provide interior design information through “WhatsApp”, on the days and at the times previously made available by the CONTRACTOR and chosen by the PRINCIPAL at the time of the initial contact.
3.7- The CONTRACTOR will present her schedule using the time prevailing in the city where she is based, São Paulo-Brazil, and due to the difference in time zones between certain cities in Brazil and in other countries, it is the sole responsibility of the PRINCIPAL to convert to the time zone in his/her own city or country.
3.8- The PRINCIPAL may contract for one or more spaces of different sizes, and for that reason must add them to the shopping cart at the time of purchase.
3.9- The Interior Design Consulting via WhatsApp includes two recorded audio consultations using the “WhatsApp” app (an initial and a final consultation), as well as a descriptive memorandum with ideas containing the respective references to actual images of products on the Web or suggestion photographs, which concludes the provision of interior design services.
3.10- The PRINCIPAL must supply his/her e-mail information correctly, and the CONTRACTOR shall not be responsible for incorrect e-mail addresses supplied at the time of purchase or wrong cell phone numbers.
3.11- Any tolerance on the part of the CONTRACTING PARTIES in the fulfillment of the obligations undertaken herein shall in no way represent a modification or novation to this agreement.
4.1- A computer or other device that contains a means for accessing the Internet is required for the execution of the agreement and for choosing the dates for the consultations, as well as a mobile device with “WhatsApp” installed and in perfect working order for the two recorded audio consultations via “WhatsApp”.
5.1-The provision of interior design consulting services via “WhatsApp” will consist of the following two phases: the first one related to the contracting and style research with the CONTRACTOR in the initial consultation and the second one regarding delivery (during the final consultation) of the descriptive memorandum containing ideas with the respective references containing images of real products from websites or suggestion images.
5.2- Initially, the PRINCIPAL must choose one or more spaces, as follows:
5.2.1- DESIGN 1: a space having an area of up to 15 m2 or 50 ft2; Cost R$900,00 (nine hundred Brazilian reals equivalent).
5.2.2- DESIGN 2: a space having an area of up to 16 m2 up to 30 m2 or from 51 ft2 to100 ft2; Cost R$1500,00 (one thousand, five hundred Brazilian reals equivalent).
5.2.3-DESIGN 3: a space having an area of up to 31 m2 up to 45 m2 or from 101 ft2 to 150 ft2; Cost R$1900,00 (one thousand, nine hundred Brazilian reals equivalent).
5.2.4- DESIGN 4; a space having an area of up to 46 m2 up 60 m2 or from 151 ft2 to 200 ft2; Cost R$2500,00 (two thousand five hundred Brazilian reals equivalent).
5.2.5- ADDITIONAL DESIGN HOURS: after delivery of the consulting by e-mail and completion of the process, the client can buy extra time for assistance with the execution of the ideas provided.
5.3- The PRINCIPAL may acquire a plan for ADDITIONAL DESIGN HOURS at a price of R$290,00/ hour, intended specifically for those who have already completed the consultation for a space as described in Item 5.2 and its sub-items and want additional help to clarify doubts about the execution of the ideas suggested.
5.3.1- The PRINCIPAL will acquire additional design hour services through “WhatsApp” via the website and the CONTRACTOR will get in touch by e-mail within 24 hours for scheduling, based on availability in her agenda.
5.4- In the initial consultation, the CONTRACTOR will perform certain tests using images and questions in regard to the profile and needs of the PRINCIPAL in relation to the space.
5.4.1- The PRINCIPAL should indicate which store sites s/he wishes the CONTRACTOR to use in providing the interior design consulting services via “WhatsApp”.
5.4.2- In the event the PRINCIPAL does not indicate his/ her preferred store sites, the CONTRACTOR shall have free choice.
5.4.3- The PRINCIPAL shall be entitled to one hour for each of the consultations via “WhatsApp”, including the initial consultation and the final consultation, when one space has been contracted for, and when there are multiple spaces, the maximum time limit is two hours for the total service requested.
5.5 Once the initial “WhatsApp” consultation has been concluded between the CONTRACTOR and the PRINCIPAL, a one-week time period will be allowed for the CONTRACTOR to prepare and submit the results, which will be done during the final consultation and will be completed immediately after its conclusion with the delivery of the descriptive memorandum and the photo references by e-mail.
5.5.1- During the final consultation, the CONTRACTOR will send the descriptive memorandum for the consultancy with photo references and will explain the ideas and clarify any doubts.
5.5.2- The consulting material is for illustration purposes only, without any kind of project containing measurements, or execution. If necessary, freehand sketches of floor plans or perspectives may be offered for visualizing and aiding understanding of ideas.
REGARDING THE OBJECT
6.1- The object of this agreement is the provision of technical consulting services for interior design via “WhatsApp”, which will be possible when:
6.1.1-The PRINCIPAL provides pictures of the ceiling, walls and floors along with the total size in m2 or ft2 of each room, by e-mail, at the time the choice is made of the dates and times for the consultations.
6.1.2- The PRINCIPAL shall provide a mobile phone number with country code and city code so that the CONTRACTOR is able to do the consultations.
6.1.3- The CONTRACTOR will under no circumstances begin or perform the initial consultation if the PRINCIPAL has failed to send the photos, square footage of the space, and “WhatsApp” number.
7.1-This agreement will take effect immediately upon acceptance of the proposal on the site, accompanied by payment of the amount owed for the contracting.
7.2- The duration of this agreement is equivalent to the exact period of the provision of the interior design consulting services via “WhatsApp”, or in the event of acquisition of Additional Design Hours, as described in item 5.5.
8.1-This agreement may not be terminated by either of the parties after the first recorded audio consultation via “WhatsApp”.
8.1.1- If there is a change of heart on the part of the PRINCIPAL before the first recorded audio consultation, any amount that may have been paid will be returned by the CONTRACTOR, minus the taxes and fees arising from termination of the agreement.
8.2- The CONTRACTOR may terminate this agreement without the client being entitled to any indemnity, independent of any notification, in the following cases:
a) filing for creditors’ agreement or bankruptcy by the CONTRACTOR.
b) assignment of the agreement to third parties.
c) delay in payment of the amount payable for the space.
d) divergence between the chosen plan size and the amount of the payment.
9.1- The CONTRACTOR will not under any circumstances provide consultations using FaceTime or “WhatsApp” phone calls.
9.2- Consultations outside the scheduled times will not be accepted, and the delay tolerance for the start of consultations will be 15 minutes for both parties.
10.1- The PRINCIPAL when registering on the web site certifies that s/he has read and agrees with all the contents of this agreement, as well as the tutorial explanations.
10.2 The PRINCIPAL, after signing the agreement for the provision of interior design consulting via “WhatsApp” may not change its “channel” for contacting the CONTRACTOR, unless s/he has been the victim of a cybercrime or had his/her “WhatsApp” account blocked, and in such an event must inform the CONTRACTOR of the occurrence by e-mail within 24 hours of the occurrence, providing unequivocal proof.
10.2.1 The CONTRACTOR shall at no time be obliged to return the amount paid or pay an indemnity for any alleged damages.
10.3- The PRINCIPAL shall not under any circumstances assign this agreement to any person other than the one named in the registration form, or transfer the space the service was contracted for or the address.
10.4- In the event the PRINCIPAL is more than one person, such fact must be noted at the time of the engagement of services, and the dates chosen must be compatible for the CONTRACTING PARTIES, who should be together during both consultations. However, the audio communication will take place with only one of the CONTRACTING PARTIES.
10.5-Under no circumstances may the CONTRACTING PARTIES make available the [other party’s] mobile number or any other data, for purposes other than those set out in this agreement.
10.6- Because this is a technical endeavor having an artistic form, the PRINCIPAL may not claim any dissatisfaction with the work prepared, requesting it be replaced for the price already paid, or requesting a refund of the amount paid.
The parties mutually choose the Courts of the city São Paulo- SP, to the exclusion of any other, however privileged it may be, to settle disputes arising from this agreement and commitment document.
São Paulo, 2017