Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fact Empower Pty Ltd (ABN: 12 345 678 901) ("Fact Empower," "we," "our," or "us") regarding your use of our website https://fact-empower.com and our interior design services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. About Fact Empower

Fact Empower is a luxury interior design company based in Australia, specializing in residential and commercial interior design services. We are registered in Victoria, Australia, and operate throughout Australia.

Our Services Include:

• Residential interior design and decoration
• Commercial space design
• Design consultation services
• Project management
• Furniture selection and procurement
• Space planning and layout design

3. Service Agreement

3.1 Consultation Process

Our design process typically begins with an initial consultation to understand your requirements, preferences, and budget. Following this consultation, we will provide a detailed proposal outlining scope, timeline, and investment.

3.2 Design Services Contract

Specific terms for design services will be detailed in a separate Service Agreement that will include:

• Detailed scope of work
• Project timeline and milestones
• Fee structure and payment terms
• Client responsibilities and obligations
• Intellectual property arrangements
• Variation and change procedures

3.3 Professional Standards

We maintain professional standards in accordance with industry best practices and applicable Australian standards. Our designers are qualified professionals with appropriate insurance coverage.

4. Client Responsibilities

4.1 Information Provision

Clients must provide accurate, complete, and timely information necessary for service delivery, including:

• Property access and measurements
• Budget constraints and preferences
• Timeline requirements and constraints
• Relevant building codes and restrictions
• Any existing contracts or commitments

4.2 Decision Making

Clients are responsible for making timely decisions on design proposals, material selections, and other project elements to maintain agreed timelines.

4.3 Site Access

Clients must provide safe and reasonable access to project sites for our team and contractors as required for service delivery.

5. Fees and Payment

5.1 Fee Structure

Our fees may be structured as:

• Fixed project fees
• Hourly rates for consultation services
• Percentage of project value
• Combination of the above methods

5.2 Payment Terms

Standard payment terms are:

• Initial consultation fee payable upon booking
• Design retainer payable upon contract signing
• Progress payments as outlined in Service Agreement
• Final payment upon project completion

5.3 Late Payments

Overdue accounts may incur interest charges at 10% per annum. We reserve the right to suspend services for accounts more than 30 days overdue.

5.4 Additional Costs

Clients are responsible for additional costs including but not limited to:

• Third-party products and materials
• Contractor and tradespeople fees
• Permits and regulatory approvals
• Changes to approved designs
• Travel expenses outside standard service area

6. Intellectual Property

6.1 Design Ownership

All design concepts, drawings, specifications, and creative works remain the intellectual property of Fact Empower until full payment is received. Upon full payment, clients receive a license to use designs for the specified project.

6.2 Portfolio Rights

We reserve the right to photograph completed projects and use images for marketing, portfolio, and promotional purposes unless specifically excluded in the Service Agreement.

6.3 Third-Party Materials

We respect third-party intellectual property rights and expect clients to do the same. Clients must not reproduce or use our designs for purposes beyond the agreed project scope.

7. Warranties and Limitations

7.1 Service Warranty

We warrant that our services will be performed with professional skill and care in accordance with industry standards. This warranty is limited to correction of deficient work at no additional charge.

7.2 Third-Party Products

We do not warrant third-party products, materials, or services. Manufacturer warranties apply to products as provided by suppliers.

7.3 Limitation of Liability

Our total liability for any claim is limited to the fees paid for the specific service giving rise to the claim. We are not liable for consequential, indirect, or punitive damages.

7.4 Force Majeure

We are not liable for delays or non-performance due to circumstances beyond our control, including natural disasters, government actions, supplier failures, or other force majeure events.

8. Cancellation and Termination

8.1 Client Cancellation

Clients may cancel services with written notice. Cancellation fees apply based on work completed and commitments made:

• Consultation phase: Full consultation fee retained
• Design development: Fees for completed work plus 25% of remaining contract value
• Implementation phase: All costs incurred plus reasonable cancellation costs

8.2 Termination by Fact Empower

We may terminate services for:

• Non-payment of fees
• Breach of contract terms
• Unreasonable client conduct
• Safety concerns

8.3 Project Suspension

Projects may be suspended for non-payment, client delays, or external factors. Suspension does not affect payment obligations for completed work.

9. Privacy and Confidentiality

9.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

9.2 Confidentiality

We maintain confidentiality of client information and project details except as required for service delivery or legal compliance.

9.3 Client Confidentiality

Clients must maintain confidentiality of our proprietary design methods, pricing structures, and business information.

10. Website Use

10.1 Permitted Use

Our website is provided for information purposes. You may browse, download content for personal use, and contact us through provided channels.

10.2 Prohibited Activities

You must not:

• Use the website for unlawful purposes
• Attempt to gain unauthorized access to our systems
• Reproduce content without permission
• Transmit harmful code or spam
• Interfere with website functionality
• Collect user information without consent

10.3 Content Accuracy

While we strive for accuracy, website content is provided "as is" without warranties. We reserve the right to modify content without notice.

11. Insurance and Risk Management

11.1 Professional Insurance

We maintain professional indemnity insurance and public liability coverage appropriate for our services.

11.2 Client Insurance

Clients are responsible for maintaining appropriate insurance coverage for their properties and projects.

11.3 Risk Allocation

Each party is responsible for risks under their control. Shared risks are allocated as specified in Service Agreements.

12. Dispute Resolution

12.1 Direct Resolution

We encourage direct communication to resolve any concerns or disputes promptly and professionally.

12.2 Mediation

If direct resolution is unsuccessful, disputes should be referred to mediation through a recognized mediation service.

12.3 Legal Proceedings

Any legal proceedings must be commenced within 12 months of the dispute arising and will be subject to Victorian state jurisdiction.

13. Regulatory Compliance

13.1 Building Codes

Design work will consider applicable building codes and regulations, but clients are responsible for obtaining necessary approvals and permits.

13.2 Professional Standards

We operate in accordance with relevant professional bodies and industry associations.

13.3 Australian Consumer Law

These Terms operate subject to consumer protection laws. Where services are acquired for personal, domestic, or household use, consumer guarantees apply.

14. General Provisions

14.1 Governing Law

These Terms are governed by Victorian law and Australian federal law. The courts of Victoria have exclusive jurisdiction.

14.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

14.3 Assignment

Clients may not assign rights or obligations without written consent. We may assign our rights to associated entities.

14.4 Entire Agreement

These Terms, together with Service Agreements and our Privacy Policy, constitute the entire agreement between parties.

14.5 Variations

Terms may only be varied in writing signed by both parties. We may update website terms with reasonable notice.

15. Contact Information

For questions about these Terms or our services, please contact us:

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.