1. Acceptance of Terms
By accessing or using the Deco Haven website and services, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use our services. These Terms apply to all visitors, users, clients, and others who access or use our services.
2. Description of Services
Deco Haven provides premium home solutions including but not limited to interior design, home renovation, custom painting, landscaping, smart home setup, plumbing and electrical services, pool and spa installation, and security system integration. The specific scope of services for each project will be outlined in a separate project agreement or proposal.
3. Project Agreements and Proposals
Before commencing any project, we will provide you with a detailed written proposal outlining the scope of work, materials to be used, estimated timeline, payment schedule, and any other relevant terms. The project will only begin after you have reviewed, accepted, and signed the proposal or agreement, and any required deposits have been received.
4. Pricing and Payment
All pricing is as specified in the project proposal unless otherwise agreed in writing. Payment terms will be outlined in your project agreement and typically follow a milestone-based payment schedule. Late payments may incur interest charges at the rate of 1.5% per month on the outstanding balance. We reserve the right to suspend work if payments are not made according to the agreed schedule.
- Deposit: A deposit of 30-50% of the total project cost is typically required before work begins
- Milestone Payments: Progress payments are due at specified project milestones
- Final Payment: The remaining balance is due upon project completion and satisfactory walkthrough
- Additional Work: Any work outside the original scope (change orders) will be quoted separately and require written approval
5. Changes and Modifications
Any changes to the scope of work, materials, timeline, or budget must be requested in writing and approved by both parties before implementation. Change orders will be documented in writing, including any adjustments to the project cost and timeline. Unauthorized changes may result in additional charges and delays.
6. Client Responsibilities
As a client, you agree to:
- Provide timely access to the project site as needed
- Make decisions and provide approvals within reasonable timeframes
- Keep pets and children away from active work areas for safety
- Make payments according to the agreed schedule
- Communicate any concerns or issues promptly to your project manager
7. Timeline and Delays
We make every effort to complete projects within the estimated timeline. However, timelines are estimates and not guaranteed. Delays may occur due to factors beyond our control, including but not limited to: material availability, weather conditions, unforeseen structural issues, permit delays, supply chain disruptions, and client-requested changes. We will notify you promptly of any significant delays and provide revised timeline estimates.
8. Warranty and Guarantees
We provide a 5-year warranty on all labor performed by our team, covering defects in workmanship. Materials are covered by their respective manufacturer warranties, which may extend beyond our labor warranty. This warranty does not cover: damage caused by normal wear and tear, misuse, accidents, unauthorized modifications, natural disasters, or failure to follow our maintenance guidelines. Warranty claims must be reported in writing within 30 days of discovery.
9. Limitation of Liability
To the maximum extent permitted by law, Deco Haven shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services. Our total liability for any claim arising out of or related to our services shall not exceed the total amount paid by you for the specific project giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Deco Haven, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to your breach of these Terms, your use of our services, or your violation of any law or the rights of a third party.
11. Intellectual Property
All designs, plans, renderings, and other creative materials produced by Deco Haven remain our intellectual property until full payment has been received. Upon full payment, you are granted a non-exclusive license to use the delivered designs and plans for your personal use in connection with the completed project. You may not reproduce, distribute, or use our designs for commercial purposes without our written consent. All content on our website, including text, graphics, logos, and images, is the property of Deco Haven and is protected by copyright laws.
12. Cancellation and Termination
Either party may terminate a project agreement with 30 days' written notice. In the event of cancellation by the client, the following terms apply:
- Cancellations made before work begins: Full deposit refund minus a 10% administrative fee
- Cancellations made during the project: Client is responsible for the cost of all work completed, materials ordered, and any non-refundable expenses incurred
- Deco Haven reserves the right to terminate a project if the client fails to make payments, breaches these Terms, or if continuation of work is impractical or unsafe
13. Dispute Resolution
Any disputes arising out of or related to these Terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation is unsuccessful, the dispute shall be submitted to mediation before a neutral mediator. If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York, NY. Each party shall bear its own costs for arbitration.
14. Force Majeure
Deco Haven shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials.
15. Website Use
When using our website, you agree not to:
- Use the website in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to any portion of the website or its systems
- Use any automated means to access the website or collect information
- Transmit any viruses, malware, or other harmful code
- Interfere with or disrupt the website's operation
- Reproduce, distribute, or modify any content from the website without permission
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in New York County, New York.
17. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
18. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in effect.
19. Entire Agreement
These Terms, together with any project-specific agreements, proposals, and policies referenced herein, constitute the entire agreement between you and Deco Haven regarding the use of our website and services, and supersede any prior agreements we might have had.
20. Contact Information
For questions about these Terms of Service, please contact us at:
Deco Haven
Email: legal@decohaven.info
