Terms & Conditions
1. Introduction
These Terms and Conditions (the “Agreement”) govern the provision of services by
Elegant Haven LTD (“Contractor”) to the client specified in the relevant service
agreement (“Client”). By engaging the Contractor’s services, the Client agrees to be
bound by these Terms and Conditions.
2. Services Provided
The Contractor agrees to provide the services as detailed in the specific service
agreement or email correspondence between the Contractor and the Client. Any
additional services will be provided as mutually agreed upon in writing by both parties.
3. Term of Agreement
This Agreement will commence on the date specified in the signed service agreement or
email and remain in effect until the completion of the services, unless terminated
earlier as provided herein. Extensions may be granted with written consent from both
parties.
4. Payment Terms
• The total fee for the services will be as specified in the service agreement or
email correspondence.
• An initial retainer, if applicable, will be payable upon execution of the Agreement
as specified.
• The remaining amount will be payable according to the payment schedule
outlined in the service agreement or email correspondence.
• Invoices are due within the timeframe specified in the service agreement or
email.
5. Reimbursement of Expenses
The Contractor will be reimbursed for reasonable and necessary expenses incurred in
connection with providing the services, as specified in the service agreement or email.
Pre-approval is not required for expenses.
6. Additional Charges for Unforeseen Work
Definition:
For the purposes of this Agreement, “Unforeseen Work” refers to any
necessary work, repairs, or modifications that are not visible or identifiable at the time
of the contract signing or initial site evaluation and thus are not included in the initial
scope of work or project.
If unforeseen work becomes necessary, the Contractor will notify the Client and provide
an estimate of additional costs. No additional work will commence without the Client’s
written approval. The total contract price will be adjusted accordingly, and the Client
agrees to pay for any approved additional work.
7. Intellectual Property and Trade Secrets
All intellectual property developed under this Agreement remains the sole property of
the Client. The Contractor agrees not to disclose any trade secrets or proprietary
information obtained during the term of this Agreement.
8. Return of Property
Upon termination of this Agreement, the Contractor will return any property,
documentation, records, or confidential information belonging to the Client.
9. Capacity/Independent Contractor
The Contractor is an independent contractor and not an employee of the Client. This
Agreement does not create a partnership or joint venture between the parties.
10. Right of Substitution
The Contractor may engage third-party subcontractors to perform some or all the
services. The Contractor will remain responsible for all compensation to
subcontractors.
11. Autonomy and Equipment
The Contractor has full control over working time, methods, and decision-making
related to the services. The Contractor will provide all necessary tools and equipment at
their own expense.
12. Duration of Services
The estimated duration for the completion of the services will be specified in the email
correspondence or service agreement. This duration is an estimate and not an exact
deadline. The Contractor will make reasonable efforts to complete the services within
the estimated timeframe, but unforeseen circumstances may cause delays.
13. Materials and Labour Costs
Unless specified otherwise in the service agreement or email correspondence, the
quoted price covers only the labour costs. The cost of materials, units and tiles are not
included and will be billed separately.
14. Rubbish Removal
Rubbish removal is not included in the quotation unless specified otherwise in theservice agreement or email correspondence. If rubbish removal is required, it will be
considered an additional service and will be quoted and billed separately.
15. No Exclusivity
This Agreement is non-exclusive, and either party is free to engage or contract with third
parties for similar services.
16. Notices
All notices required under this Agreement will be in writing and delivered to the
addresses specified in the service agreement or email correspondence.
17. Indemnification
Each party agrees to indemnify and hold harmless the other party against any claims,
losses, damages, liabilities, expenses, or costs arising out of any act or omission in
connection with this Agreement.
18. Authorization for Use of Images and Videos
The Client grants the Contractor the right to take photographs and video recordings of
the project site for marketing and promotional purposes. The Client has the right to
withdraw consent for specific images or recordings by providing written notice.
19. Modification of Agreement
Any modification to this Agreement must be in writing and agreed by both parties.
20. Governing Law
This Agreement is governed by the laws of England.
21. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining
provisions will continue to be valid and enforceable.
22. Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver of future
enforcement of that or any other provision.
23. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding its
subject matter and supersedes all prior agreements.
24. Inspection and Acceptance
Upon completion of the services, the Client will inspect the work. If the Client does not
provide written notice of any defects or issues within 7 days, the services will be
deemed accepted, and the Contractor will have no further obligations for those
services.
25. Permits and Approvals
The Client is responsible for obtaining all necessary permits and approvals required for
the services. The Contractor may assist with this process if agreed upon, but the
ultimate responsibility remains with the Client.
26. Client-Supplied Materials
If the Client supplies any materials, the Contractor is not responsible for any defects or
issues arising from those materials. The Client agrees to provide materials that meet the
Contractor’s specifications.
27. Change Orders
Any changes to the scope of work must be documented in a written change order,
agreed by both parties, detailing the changes to the services, any additional costs, and
any changes to the timeline.
28. Subcontracting
The Contractor reserves the right to subcontract any part of the services without the
prior written consent of the Client. The Contractor will ensure that any subcontractors
are bound by terms and conditions no less restrictive than those set forth in this
Agreement.
29. Insurance
The Contractor will maintain appropriate insurance coverage, including public liability
insurance, during the term of this Agreement. Proof of insurance will be provided to the
Client upon request.
30. Client Responsibilities
The Client agrees to:
• Provide access to the work site as necessary for the Contractor to perform the
services.
• Ensure that any necessary permits or permissions are obtained before the
commencement of the services.
• Provide timely decisions and approvals to avoid delays.
31. Health and Safety
The Contractor will comply with all applicable health and safety laws and regulations.
The Client agrees to provide a safe working environment for the Contractor’s employees
and subcontractors and to notify the Contractor of any potential hazards at the work
site.
32. Limitation of Liability
Except for instances of gross negligence or wellful misconduct, the Contractor’s total
liability to the Client for any claims arising under this Agreement shall not exceed the
total amount paid by the Client for the services.
33. Force Majeure
The Contractor shall not be liable for any delay or failure to perform its obligations under
this Agreement if such delay or failure is due to events beyond its reasonable control,
including but not limited to acts of God, war, strikes, lockouts, or other industrial
disputes, electrical or mechanical breakdowns, or natural disasters.
34. Dispute Resolution
Any disputes arising out of or related to this Agreement shall be resolved through
negotiation between senior representatives of both parties. If a dispute cannot be
resolved through negotiation, the parties agree to attempt to resolve it through
mediation before pursuing any other remedy.