Sands Creek - Terms of Service
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User Agreement | Copyright & Trademark Notice | Privacy Policy | Terms & Conditions | Accessibility Statement | Cookies Policy | Terms of Service
Effective Date: May 29, 2025
These Terms of Service ("Terms") govern the provision of architectural and design services (the "Services") by Sands Creek ("Sands Creek," "we," "us," or "our") to our clients ("Client," "you," or "your"). By engaging Sands Creek for Services, you agree to be bound by these Terms, which are incorporated into any Project Agreement between Sands Creek and the Client.
1. Services Provided
Sands Creek offers a comprehensive range of architectural and design services, including:
Residential Design
Community Design
Commercial Design
Urban Design
Landscape Design
Interior Design (Bedrooms, Kitchens, Living rooms, Bathrooms, Dining rooms)
Preservation Design
2D Planning
The specific Services to be provided for each project will be detailed in a separate, written Project Agreement executed by both Sands Creek and the Client.
2. Project Agreements
The scope of work, deliverables, timelines, fees, and other specific conditions for each project will be outlined in the Project Agreement. In the event of any conflict between these Terms of Service and a Project Agreement, the terms of the Project Agreement shall prevail.
3. Client Responsibilities
The Client agrees to: a. Provide all necessary information, documentation, and access to sites as required by Sands Creek for the timely and efficient execution of the Services. b. Provide timely feedback, approvals, and decisions as requested by Sands Creek to avoid delays in the project schedule. c. Ensure that all information provided to Sands Creek is accurate and complete. d. Obtain all necessary permits, licenses, and approvals for the project, unless otherwise explicitly agreed upon in the Project Agreement. e. Make payments according to the schedule outlined in the Project Agreement.
4. Fees and Payment Terms
Fees for the Services will be detailed in the Project Agreement. Unless otherwise specified, payments are due as per the schedule outlined therein. Sands Creek reserves the right to suspend work on a project if payments are not received in a timely manner. All fees are exclusive of applicable taxes, which will be added where required by law.
5. Revisions and Changes
Any revisions or changes to the project scope beyond what is agreed upon in the initial Project Agreement may result in additional fees and adjustments to the project timeline. All such changes must be agreed upon in writing by both parties via a written amendment to the Project Agreement.
6. Intellectual Property Rights
Upon full payment for the Services rendered under a Project Agreement, Sands Creek grants the Client a non-exclusive, non-transferable license to use the final design documents, drawings, and blueprints specifically for the project for which they were created. Sands Creek retains all copyrights and other intellectual property rights in and to its designs, drawings, and other creative works, including preliminary designs and concepts. Sands Creek reserves the right to use project images and descriptions for promotional purposes, including on its Website and in its portfolio, unless otherwise agreed upon in writing in the Project Agreement.
7. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed by the other party during the course of the Services. This obligation of confidentiality shall survive the termination of the Project Agreement.
8. Limitation of Liability
Sands Creek's total liability to the Client for any claim arising out of or relating to the Services provided under a Project Agreement shall be limited to the total fees paid by the Client to Sands Creek under that specific Project Agreement. To the maximum extent permitted by applicable law, Sands Creek shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Services, even if advised of the possibility of such damages.
9. Indemnification
The Client agrees to indemnify and hold harmless Sands Creek and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: a. The Client's breach of these Terms or any Project Agreement. b. Any third-party claims related to the Client's use of the designs or the completed project. c. Any inaccurate or incomplete information provided by the Client.
10. Termination of Services
Either party may terminate a Project Agreement upon written notice if the other party materially breaches any term of the Project Agreement or these Terms and fails to remedy such breach within thirty (30) days (or another period specified in the Project Agreement) of receiving written notice thereof. In the event of termination by the Client without cause, the Client shall pay Sands Creek for all Services performed and expenses incurred up to the date of termination, as well as any reasonable termination fees as outlined in the Project Agreement.
11. Governing Law
These Terms of Service and any Project Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.
12. Dispute Resolution
Any dispute arising out of or relating to these Terms or any Project Agreement shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the parties agree to [e.g., mediation, binding arbitration, or litigation in the courts of New York], as may be specified in the Project Agreement.
13. Entire Agreement
These Terms of Service, together with any executed Project Agreement, constitute the entire agreement between Sands Creek and the Client regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such Services.
14. Contact Information
If you have any questions about these Terms of Service, please contact us:
Sands Creek
4250 Veterans Memorial Drive.
Holbrook, NY 11741.
Email: sandscreekcorp@gmail.com
Telephone: (516) 51-CREEK (27335)
Website: www.sandscreek.com