TERMS AND  CONDITIONS

TERMS & CONDITIONS 

1. APPLICATION AND ACCEPTANCE OF TERMS & CONDITIONS, PRIVACY POLICY AND DISCLAIMER

1.1  The following terminology applies to Vivavoo’s “Terms and Conditions”, “Privacy Policy” and any “Disclaimer” 

“Client”, “Customer” “You”  “Your” and “Yours” etc ,. refers to you, the person accessing this website and accepting the Company’s terms and conditions.  It also refers to the “party” or “Client” “Customer” “Your” “You” receiving the services, goods information provided by or via “Vivavoo.” 

“The Company”, “Ourselves”, “We” and “Us” etc,.  refers to the Company “Vivavoo” -www.vivavoo.com and /or Skyii de Montford-Selfridge.

“Party” or “Parties” refers to both the Client and ourselves, or either the Client or ourselves.  

“Parties’ can also refer if necessary, to “Third Parties” and refers to and includes outside sources/companies /individuals and those employed/used/supplied/contracted either directly by the “Client’ or by/via “The Company.”

“Project”  “proposal”  “designs” refer to the plans, mood boards, drawings, images, layouts, blueprints etc of  Vivavoo’s intellectual ideas to fulfil the required brief.

“Brief” refers to the requirements of the Client who instructs Vivavoo to submit designs based on a specific need.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law.  Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.  In using this website, and using any of the services of or provided by, “The Company” you are deemed to have read and agreed to all the terms and conditions.

1.2  The following Terms & Conditions  apply to all consultations, information, advise, designs, offers, contracts and other agreements written or verbal made between “The Company”  and the “Client.”
1.3  The Terms & Conditions of the client are not applicable.

1.4  Your access to and use of  “Vivavoo.com “  internet website (also known as “the Website”) is subject exclusively to these Terms and Conditions, Disclaimer and Privacy Statement.
1.5  You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using “the Website” you are fully accepting the terms, conditions and disclaimers contained in this notice.

If you do not accept these Terms and Conditions you must immediately stop using “the Website” and refrain form using the services of  “the Company.”

2 ADVICE

2.1  The contents of “the Website” do not constitute advice (professional or otherwise) and should not be relied upon in making or refraining from making, any decision. The decision to use “the Website” and any  services provided by  “The Company”  are at your own risk.

2.2  “The Company”  accepts no responsibility for any interpreted communications deemed “advice” or “information” used within the services provided.

2.3 Images used on the website “vivavoo.com” or any other way printed or otherwise are deemed library pictures or the property of “Vivavoo.”

3. DESIGN PROPOSAL

3.1  An initial telephone conversation is offered of approximately 20 ( twenty) minutes is free of charge to the “Client.”

If the client wishes to go ahead and use the Company’s services then the Client agrees to pay an upfront fee of 50% (fifty)  of the complete charge for services, which is non refundable and  no work or site visit will begin until this is paid and received by the Company.

2.2  A site visit for the project /design is agreed beforehand.  This is a chargeable service and included in the 50% (fifty) non refundable charge (see 3.1 above.)

2.3  The proposal for the project  and/or design is created by “The Company” and is only valid for 14 (fourteen) days from the date which it was created.  After which a fee is charged of £75 (seventy five) to continue the design/contract.
2.4  The proposal will include things such as description of the project, the results of research/personal ideas, a mood board, notes, suppliers,  the design process and “the Company” has the right to decide how much  of these to provide depending on each project.

2.5  “The Company” will not store any item on behalf of the client.  It is the clients responsibility to ensure items may be delivered on a certain date and time and that delivery can gain access to the  property inside and out. This includes keys to all doors, gates garages etc,. where necessary.  Failure to do so, will incur charges.  “The Company” holds no responsibility for any damages or loss to “The Clients” property or possessions including live animals,vehicles, garden, fences, etc,. also vulnerable people (including children/babies) on the premises or otherwise linked to the project. It is the Client’s responsibility to ensure the area/site/location is safe and people/objects protected.

2.6 A site visit to the property by “the Company” is highly recommended and thus hereby agreed before proposals, plans or designs are executed for the fullest maximum result. “The Company” holds no responsibility for designs made or discussed verbally or work or services provided either by “The Company”or “third parties” where a site visit has not been agreed.

2.7  Any verbal agreements are not valid until followed up by email to “the Company” as in section 15 and within 7 (seven) days. No work shall continue until this is received by the Company.

3. CONTRACT

3.1  The “contract” and /or “agreements” refer to the written / verbal description of the proposed project, design work or any agreed work in the design proposal for the design project or any other services provided including “third parties” by the “Company” for the “Client.”

3.2  Any amendments to the project or design or any service provided by “the Company” must be in writing within 24 hours (twenty four) of the “contract” being signed and therefore agreed. No fee will be charged within this 24 (twenty four) hour period.

If the content, scope or desired result of the changes during the design process, an additional agreement needs to be made or the assignment will be terminated (see 7. Early termination) and a new contract will be proposed. A fee will be charged for this change of £250 ( two hundred and fifty.)

3.3  “The Company’ will not be responsible for any amendments or “third party” services/work etc,. undertaken, provided or any verbal or written agreement made outside the design proposal of “The Company.”  “The Company” will not be responsible for any of the work carried out on the project that is deemed, criminal, unsafe, inaccurate or misleading.  It is “The Client’s” responsibility to ensure work is legal and safe before any work to be carried out or during or after such work.  It is “the Client’s” responsibility to ensure they have checked are in receipt of and can prove to “The Company” written consent from professional bodies such as Architects, Surveyors, the Council permissions etc,. “The Client” allows “the Company’ to communicate which such professional bodies and “third parties” on behalf of “The Client” if necessary. 

3.4  It is the responsibility of “The Client” to ensure the contract is accurate in submission, signed and dated

4. PROJECT EXECUTION

4.1  Any amendments by “the Client” to the proposed agreed design/project or other services provided by the “Company” will be chargeable and payable by the “Client” within 7 (seven ) days and before any work commences.  Any costs incurred will be chargeable to the “Client”.  Any amendments must be made in writing by the Client within  24 (twenty four) hours of agreeing to the project/work/services and no charge will be made.
4.4  Once the project is deemed completed by “The Company,”(completion date) “the Company” will have from that moment,  no responsibility over any work done or errors mistakes or any negative impact of the work / services done or provided by “The Company” after the completion date.  It is “the Client’s” responsibility to ensure all work is satisfactory before the completion date and the project/work/service are safe, secure, legal, accurate and as agreed and any outstanding payments made.
4.2  “The Client” agrees to allow photographic images/video’s of “before and “after’ of the areas and associated areas within the project of the clients home, business or other dwelling types inside and outside.  “The Client” also agrees to provide positive feedback/comments within 5 (five) working days, and that these comments can be used within the company’s website, literature, social media and other marketing/advertising tools nationally and internationally. “The Client” agrees for their “general” location to be used for advertising and promotional reasons. 
5. INTELLECTUAL PROPERTY

5.1  “The Company” and /or Skyii de Montford-Selfridge is the holder of all intellectual property rights and copyrights for the works created, including copyright of designs, mood boards, any images, video’s text etc,. This includes comments/feedback in what ever form it is received or duplicated.

6. PAYMENT & ADVANCE

6.1  A non refundable/returnable advance payment of 50% (fifty) of the total fee will be paid immediately when the agreement /contract signed.  Other invoices sent by “The Company” must be paid within:

Residential /Individual: within 14 (fourteen) days after the date of invoice unless otherwise agreed in writing in advance.

Corporate: 28 (twenty eight) days after the date of invoice unless otherwise agreed in writing in advance.
6.2  If the payment is received outside of this time period, additional administration costs may be charged including a late payment fee if  not paid according to these terms. All payments must be in UK Pounds Sterling.  If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50 (fifty) for each occurrence. 
6.3  To confirm acceptance of the design proposal, “the Client” agrees to pay a non-refundable fee/deposit/advance. 

6.4  The remainder of the design fee will be invoiced and paid within 14 (fourteen) days.
6.5  Payment for things such as materials, furniture, flooring, lighting, accessories or other relevant items relating to the agreed design schemes will be invoiced and paid for by “The Client” prior to orders being placed.  No orders will be placed before payment for such items are received.  “The Client” agrees that “The Company” has the right to amended specific items, colours, sizes, shapes, etc,. and to source similar alternatives of the agreed items within the design scheme, depending on demand and supply. “The Company” will aim to match items as close as possible. “The Company” holds no responsibility for delays, mistakes or damages or anything else to items ordered including any arriving from overseas and the additional charges that may be incurred. “The Company” cannot be held responsible for any price increase or guarantee any quoted / estimated prices from “third parties.”
6.6  Any work that extends beyond the original brief by “the Client”will be charged at an hourly rate of £125. (One hundred and twenty five pounds) including travel.

6.7  All physical items such as lighting, furniture etc,. or any “third party” services such as builders, plumbers, electricians, decorators, gardeners etc,.  will be paid directly by “The Client”  to the supplier/provider. Vivavoo holds no responsibility for payment to these outside third parties.

6.9  The client has the option to pay upfront for all services including “third parties” and physical items needed to complete the “project.” “The Company” has the right to demand payment from “The Client” for any items or services or similar from any “third party” or otherwise before any contractual agreement, work including delivery of items between them can begin.

7.0  If any payments, information, requests or other requirement is late by more than 5 (five)  days, the project will be considered to be “on hold” and paused.  Once any payments, information, requests or other requirement requested by the company is received, the project will be rescheduled based on the company’s workload and availability.  If any payment is late, that being more than 5 (five) working days, a charge of £175 (one hundred and seventy five pounds) will be chargeable and payable within 14 (fourteen days ) and before any work can commence or restart. See also “7. Early Termination.”

7.1  Once furniture or furnishing items have been purchased from vendors, most items bought cannot be returned. Customised and specially produced items cannot be returned.

Additionally, these remain non-refundable even if the purchased items are returned.

7.2  Payment may be made by BACS transfer, Cheque or Pay Pal.  “The Company” does not accept cash.  No work will commence until funds are cleared.

7. EARLY TERMINATION

7.1  In case any project / design /consultation is terminated by “The Client” before completion and breaks any contract “The Company” will charge a 50% rejection fee of the total costs, to compensate for the design work already completed and / or any time lost.

7.2 For any reason, “The Company” has the right to terminate any works, at any stage, without any reason or without any financial or other demands or reprisals from “The Client” for any loss to “The Client.”  

8. LIABILITY

8.1 “The Company”  is not liable for errors in the materials, products or information supplied by “The Client or “Third party” suppliers.
8.2  “The Company” is  not liable for any damages that result from the use of the design that is out of “The Company’s” control.
8.3  Any liability of  “The Company””  is limited to the total fee that is invoiced for the project concerned.

8.4  It is “The Clients” responsibility to have appropriate insurance cover, security and to protect themselves from any harm whilst “The Company” or any “third parties” are working on site or within the materials /products etc,.used.  “The Client” will also be responsible for any harm or damage done to “The Company,”  it’s staff,  or  any of it’s possessions either business or personal whilst on site or in any way effected by “The Client” including animal attack or disease. “The Client” agrees to hold adequate and unto date insurance to cover all interior design furnishings, furniture, and all other materials during handling, moving, installations. “The client” also agree to have adequate and upto date valid insurance cover to protect and cover “the Company” “The Company” has no responsibility over the insurance of any “third party” service providers etc,.

8.5  It is “The Client’s” responsibility to ensure they protect themselves, their family, visitors etc,. fully from things such as allergy or harm form any product or item received to themselves, their family, animals (pets) , livestock, interior and exterior items, vehicles, buildings and associated property items/areas/visitors/residents.  “The Company” holds no responsibility for any structural or decorative damage or harm done by itself or any “third party” service provider. 

8.6  “The Client” accepts all responsibility for all personal valuables and/or monies and that they will be kept safe and secure on site.  “The Company” holds no responsibility for any loss or damage. 

8.7  “The Client” agrees that all children, vulnerable people, animals, pets, livestock etc,. are kept away from work areas and individuals of “The Company.” and “third parties’

8.8 “The Company” has no responsibility over the exact nature, ingredient, material, language, wording,workforce company individual work ethic or packaging etc,. of any product /service that is deemed in any way seen as misleading or false or inaccurate such as in: “ethical” “cruelty free” “sustainable” “vegan” “human kind” “earth friendly” etc,. “The Company” aims to source products /services/items as best they can to the terms described here, “The Company” will not be responsible for any falsehoods, mistakes or misleading descriptions of the products/services in any form as described here.

9. DISPUTES

9.1  “The Client” fully agrees to contact “The Company” immediately and no later than 48 hours (forty eight) in writing and that email submissions will only be accepted regarding a dispute, complaint or query.

9.2  English Law is applicable to all agreements made between  “The Company”  and “The Client”.
9.3  In case of any disputes between “The Company” and “The Client” the Courts in England has exclusive competence.

9.4 “The Company” hold no responsibility for any “Act of God,” weather condition, internet issues, vehicle breakdown, delay, war, attack (cyber, physical or otherwise) or any condition negative or otherwise that is out of “The Company’s” control including the professional behaviour, content, workmanship, costs, demise, insolvency closing down or any related negative impact of “third party “ suppliers, providers etc,. 

9.5 “The Client” agrees that as a sole trader any sickness or ill health or otherwise by “the Company” “The Company’ will not be responsible for delay or financial loss to “The Client.” In this case “the Client” agrees to find, if required, a new designer or appropriate person to continue the work where the information not he project will be handed over where able to the new designer/service. “The Company”  will only charge unto the time/date of any ill health.

10. CHANGES TO WEBSITE

“The Company” reserves the right to:

10.1  Change, modify or remove (temporarily or permanently) “the Website” or any part of it without notice and you confirm that  “The Company” shall not be liable to you for any such change, amendment  including fees, or removal; and we may change these Terms and Conditions at any time, and your continued use of “the Website” following any changes shall be deemed to be your acceptance of such change.

10.3 Any change/amendment/removal will not affect any fee agreed pre any changes, amendments or removal of “the website” or its contents.

11. COPYRIGHT

11.1  “The website”and its contents is copyright of “The Company” that being: www.Vivavoo.com - known as “Vivavoo” or “The Company” and /or Skyii de Montford-Selfridge  © Vivavoo 2022  and /or Skyii de Montford-Selfridge 2022. All rights reserved.

11.2  Copyright and other relevant intellectual property rights exists on all text relating to “the Company’s” services and the full content of this website including text, images, videos, social media (Vlogs, Blogs etc,.), testimonials and such like.

11.3  Any redistribution or reproduction of part or all of the contents in any form is prohibited .

11.4  You may not print, download copy or distribute in any form for your personal, non-commercial or commercial use any related images, video, text or similar without written consent from “The Company”

11.5  You may not, except with our express written permission, distribute or commercially exploit the content.  Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

11.6 All copyright, trade marks and all other intellectual property rights in “the Website” and its contents including without limitation “the Website” design, text, graphics and all software and source codes connected with “the Website” “The Company” and “the Website” are owned by or licensed to  Vivavoo (c) 2022 and/ or Skyii de Montford Selfridge (c) 2022 or otherwise used byVivavoo (c) Voovival.com (c)  and/ or Skyii de Montford-Selfridge (c) 2022 as permitted by law. 

12. LINKS 

12.1  “The Website” may include internet “links” to “third party” websites that are controlled and maintained by others.  Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content, fees, services, legal content, professional conduct or availability of any such “third parties” either within their website or within any communications or uses with them.

13. TIMESCALE

13.1 All timescales are estimates and “The Company” accepts no responsibility for any delays or where projects / design go over estimated timescales.

14. COMMUNICATION
14.1  contact at www.voovival.com “contact page”.

14.2. Owner and Data Controller:

Owner contact email “contact page” www.voovival.com  

Skyii de Montford-Selfridge. Artistic Director “Vivavoo.”  4, Walker Close, Bridgnorth, Shropshire. WV5 5EP United Kingdom.  “Skyii de Montford-Selfridge” is a Sole Trader, based in the United Kingdom.

                                                                                          

DISCLAIMER NOTICE

1. DISCLAIMERS AND LIMITATION OF LIABILITY

1 “The Website” is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

1.2 To the extent permitted by law,  Vivavoo and/ or Skyii de Montford-Selfridge will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of “the Website.”

1.3  Vivavoo and / or Skyii de Montford-Selfridge makes no warranty that the functionality of “the Website” will be uninterrupted or error free, that defects will be corrected or that ‘the Website” or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 

It is the users ( “your”) responsibility to ensure you protect yourself from any harm arising from using “the website” and third party websites .  Vivavoo and/ or Skyii de Montford-Selfridge hold no responsibility for any harm done through computer “viruses” breaches of confidentiality or misuse of personal information or such like.

1.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of   “The Company” that being: Vivavoo Vivavoo.com and/ or Skyii de Montford-Selfridge for death or personal injury as a result of the negligence of   Vivavoo,Vivavoo.com and/ or Skyii de Montford-Selfridge or that of its employees or representative agents.

2 INDEMNITY

You agree to indemnify and hold Vivavoo and/ or Skyii de Montford-Selfridge and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against  Vivavoo and/ or Skyii de Montford-Selfridge arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

3 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms or Conditions shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

4 GOVERNING LAW

These Terms and Conditions /Disclaimer shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English Courts.

END

June, 2022