Terms of Service
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by DerrickSteven Design (hereinafter referred to as DSD) and in the event of any dispute(s) are governed by the laws of the Republic of Kenya. Throughout the Site, the terms “DSD”, “Ds Studio”, “Ds Studio KE”, “Kitchen & Cabinetry (K&C)”, “K&C Design-Build”, “Designer”, “we”, “us” and “our” refer to DerrickSteven Design. DSD offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. All work is carried out by DSD on the understanding that the Client has agreed to our terms and conditions.
Copyright is retained by DSD on all design work including words, pictures, ideas, drawings, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of DSD unless specifically agreed in writing.
Section 1 – Project Workflow
The DSD project workflow consists of four Project Phases/ milestones:
Conceptualisation Phase
Schematic Design/ Concept Development Phase
Detail Design/ Concept Refinement Phase
Implementation Phase
Section 2 – Project Acceptance
At the onset of the Project, DSD will hold a Design Brief Meeting with the Client to determine the project narrative, expectations, and project parameters. The project budget will also be discussed at the Design Brief Meeting. The Client shall establish a project budget prior to DSD proceeding with the Scope of Service, and the budget shall have reasonable contingencies that meet the project requirements. At the time of proposal, DSD will provide the Client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the DSD website; https://derricksteven.com/terms/.
A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to DSD.
Alternatively, the Client may send an official purchase order in reply to the estimate or quotation which binds the Client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the DSD Terms & Conditions are what govern the job, not any conditions on the Client’s purchase order.
Section 3 – Design Charges
Charges for design services to be provided by DSD will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of twenty-five (25) per cent of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of twenty-five (25) per cent of the project quotation total before the work commences or is supplied to the Client for review. The remaining seventy-five (75) per cent of the project quotation total will be due upon completion of the work at each Project Phase prior to the release of materials.
Section 4 – Charges for Additional Services
The Scope of Service will be defined in writing, and any changes or additions to the scope of work will be subject to a written change order. The client shall not direct or authorize any changes to the Scope of Service without the prior written approval of the DSD. Charges for any additional services requested during the Project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Section 5 – Reimbursable Expenses
The Client shall pay the DSD for all services rendered, including any expenses or costs incurred on behalf of the Client. Reimbursable expenses shall include, but not be limited to consultants’ fees, printing, reproductions, bulk copying, photographic services, long-distance telephone calls, postage, shipping, delivery, long-distance travel expenses, lodging, meals and/or other project-related out-of-pocket expenses. Items shall be reimbursed to DSD at cost plus ten per cent (10%) unless a specific cost is listed below:
Large-format prints (A1 laminated/photo glossy paper ) KES 2,000.00 each
Plots/ Blueprints (A1) KES 250.00 each
Printing (A3) KES 100.00 each, Printing + Lamination (A3) KES 200.00 each
Travel mileage rate KES 58.00 per Km.
Section 6 – Payment
Payment shall be in the form of Direct Bank Transfer/ Direct Deposit to the bank account of DSD, or by MPesa Paybill, as provided in the Invoice. Invoices will be provided by DSD via email or PayPal request upon completion of each project phase. Invoices are due upon receipt.
Any invoice queries must be submitted by email within fourteen (14) days of the invoice date.
Accounts which remain outstanding for thirty (30) calendar days after the date of invoice, will incur a late payment interest charge at the rate of 5%. Thereafter all outstanding balances shall accrue a 1.5% monthly charge until fully paid.
Payments may be made by bank transfer, PayPal, or M-PESA.
Section 7 – Design Schedule
DSD shall commence work on the Project within twenty (20) business days of authorization to proceed. Immediately upon commencement, DSD shall prepare a mutually acceptable schedule for the delivery of the Project.
Professional fees developed for the Project shall be based on this schedule. Modifications, such as accelerated schedules, project delays or extensions, which are not under the control of DSD, are subject to an increase in the Designer’s compensation. If through no fault of DSD, the Scope of Services has not been completed within twelve (12) months of the date first specified on the Design Brief, compensation for the Designer’s services beyond that time shall be considered Additional Services.
The Designer’s payment shall be paid within fifteen (15) calendar days and in the amount noted for each completed phase notwithstanding a delay in the completion of the Project or the reduction in the final Project Cost.
Section 8 – Client Review
DSD will provide the Client with an opportunity to review the design work during the Conceptualisation Phase, Schematic Design Phase, and also the Detail Design Phase.
Section 9 – Alterations
The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design (Design Proposal Presentation), will be liable to a separate charge.
The Client also agrees that DSD holds no responsibility for any amendments made by any third party, before or after a design is published.
Section 10 – Design Project Completion
DSD considers the Design Project complete upon receipt of the Client’s signed Design Approval Form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc. either contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.
Section 11 – Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to dwg, rvt, nwf, ifc, pln, pla, bpn, xls, indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.
Section 12 – Intellectual Property Ownership
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants DSD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further granting DSD permission and rights for use of the same and agrees to indemnify and hold harmless DSD from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Notice of Copyright for Construction Projects: All ideas, designs, arrangements and/or plans indicated or represented by the Designer’s drawings will be created, evolved and developed for use on the specific Project. Nonesuch ideas, designs, arrangements and/or plans shall be used by or disclosed for any purpose whatsoever without the written permission of DSD.
All documents prepared or furnished by DSD pursuant to the Project Brief are instruments of the Designer’s professional service, and DSD shall retain an ownership and property interest therein. DSD grants the Client a license to use instruments of the Designer’s professional service for the purpose of constructing, operating and maintaining the specific Project. Reuse and/or modification of any such documents, without DSD written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold DSD harmless from all claims, damages and expenses, including attorney’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client.
Section 13 – Licensing
Any design, copywriting, drawings, idea or code created for the Client by DSD, or any of its contractors, is licensed for use by the Client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of DSD and any of its relevant sub-contractors.
All design work – where there is a risk that another party may make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. DSD will not be held responsible for any and all damages resulting from such claims.
Section 14 – Right of Refusal
DSD will not include in its designs, any text, images or other data that it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. DSD also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that DSD does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow DSD to remove the contravention without hindrance, or penalty. DSD is to be held in no way responsible for any such data being included.
Section 15 – Termination
Termination of services by the Client may be made initially by telephone contact or electronic means, however, following this, DSD will need formal notification in writing to the company’s physical and/or e-mail address. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within thirty (30) days. Please note: any termination of services that is not formally confirmed in writing and received by DSD within fourteen (14) days of such instruction being issued, will be liable for the full quoted cost of the Project.
Section 16 – Suspension of Services
DSD reserves the right to suspend services or goods in any case where the Client fails to perform its obligations under this and any associated agreements.
Section 17 – General
These Terms and Conditions supersede any previous representations, understanding, or agreements distributed in any form. DSD reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The Client’s signature on the Design Brief or payment of an advance fee constitutes agreement to these Terms and Conditions. Digital Payment is an acceptance of our Terms and Conditions.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
For details on how we handle your information, please review our Privacy Policy.
Section 18 – Dispute
If a dispute arises under this Agreement the parties agree that this matter shall be resolved either by Mediation and if not so mediated within sixty (60) days of the date of the dispute then by Arbitration. Each party shall assume their own cost of Mediation and/or Arbitration. The Mediation and Arbitration shall take place in Nairobi City – Kenya. The parties agree that the Laws of the Republic of Kenya shall be the choice of Law with respect to all matters related to these Terms and Conditions.
Section 19 – Disclaimer
DSD makes no warranties of any kind, express or implied, for all services that it provides. DSD will not be held responsible for any and all damages resulting from products and/or services it supplies. DSD is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold DSD responsible for any such loss or damage. Any claim against DSD shall be limited to the relevant fee(s) paid by the Client.
DSD reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. DSD will not knowingly perform any actions to contravene these, and the Client also agrees to be so bound.
DSD and its Clients agree to comply with Printers’ & Builders’ Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total order. DSD recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time is made available should the job be delayed.
The Client agrees that the DSD is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third-party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third-party services.
Section 20 – Warranties and Guarantees (Design-Build Projects)
Design-Build Projects are those that combine both interior design and construction services. DSD warrants that all work performed shall be of professional quality and that all materials used shall be new and free from defects. The firm shall guarantee that all work shall be free from defects for a period of one year from the date of completion, subject to reasonable wear and tear.
Section 21 – Indemnification
You agree to indemnify, defend and hold harmless DSD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
DSD shall not be liable for work that has not been expressly instructed to be supervised by the Designer in writing and accepted in writing, or for any omission or deviation from the design/drawings presented by DSD for implementation/construction, nor shall DSD take responsibility for the work handled by other nominated consultants and contractors.
Section 22 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Such invalid, illegal or unenforceable provisions shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provisions.
Policy Effective Date
5 April 2023.
Contact Us
If you have questions about our Terms of Service, please Contact Us.