Terms & Conditions

TERMS & CONDITIONS FOR ORiK DESIGN SERVICES

1. Introduction & Services:

Welcome to ORiK Design Services! By accessing or using our services, you agree to be bound by the terms and conditions outlined in this document. It is important to note that while our sections are generally well-drafted, we emphasize the necessity of ensuring compliance with all applicable laws and regulations, including those specific to drafting and 3D modeling. Should our services encompass work within the realms of engineering or architecture, the client must comply with the relevant professional licensing requirements.

1. Client Responsibilities:

As a client of ORiK Design Services, you are responsible for providing accurate and complete information required for the completion of the requested design work. You also acknowledge and agree that you are solely responsible for ensuring compliance with all applicable laws, regulations, and zoning requirements when utilizing the designs provided by ORiK. We cannot be held liable for any violations of local regulations or zoning laws resulting from your use of our designs. It is the client’s full responsibility to ensure that all drawings and designs adhere to all applicable laws and regulations. 

1. Intellectual Property:

All intellectual property rights associated with the designs created by ORiK Design Services shall exclusively belong to ORiK unless otherwise agreed upon in writing. You acknowledge and agree that any unauthorized use, reproduction, or modification of our designs may infringe upon intellectual property rights and could lead to legal action. In instances where our designs inadvertently resemble existing copyrighted or patented works, we reserve the right to take legal action.

1. Confidentiality:

ORiK Design Services recognizes the significance of maintaining confidentiality. We will treat all information provided by you as confidential unless required by law or court order to disclose such information. You acknowledge that certain circumstances may necessitate limitations on maintaining confidentiality due to legal obligations.

1. Payment:

Payment terms for our services shall be as specified in the agreement between ORiK Design Services and the client. Acceptable methods of payment shall be outlined in the agreement as well. In accordance with Rhode Island laws governing contracts and commercial transactions, any late payments may incur interest or fees as specified in the agreement.

1. Modifications: 

ORiK Design Services reserves the right to modify these terms and conditions at any time. However, any modifications shall not retroactively affect rights or obligations without the consent of the client, unless otherwise required by law. It is your responsibility to review and agree to the updated terms.

1. Limitation of Liability:

While we endeavor to provide accurate and high-quality design services, ORiK Design Services cannot guarantee the suitability or fitness for a particular purpose of our designs. In no event shall ORiK be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services.

1. Dispute Resolution:

In the event of any dispute arising out of or relating to these terms and conditions or our services, we encourage you to first contact us directly to attempt to resolve the issue amicably through negotiation. If a resolution cannot be reached through negotiation, both parties agree that any legal action shall be brought before the courts located within the jurisdiction specified in the agreement between ORiK Design Services and the client.

1. Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of Rhode Island. By accessing or using our services, you agree that any disputes arising out of or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts located within Rhode Island.

1. Accessibility and Clarity:

We strive to make our terms and conditions accessible and clear to all users. If you require any assistance or have any questions regarding these terms, please contact us. Additionally, we may provide a summary of the key points of these terms in plain language to ensure that our clients fully understand their rights and obligations. Please note that this comprehensive review is based on the provided references and aims to ensure compliance with Rhode Island law and best practices in contract drafting. For specific legal advice or a more detailed legal review, it is recommended to consult with a legal professional.

• Termination:

ORiK Design Services may terminate the agreement with immediate effect by providing written notice to the other party in the following circumstances:

1. a) If the client commits a material breach of the agreement or fails to remedy such breach within 3 days of receiving written notice from the non-breaching party specifying the breach.
2. b) Insolvency: If the client becomes insolvent, bankrupt, or enters liquidation, receivership, or administration.
3. c) Mutual Agreement: If both parties mutually agree in writing to terminate the agreement.

Upon termination, the client shall pay ORiK Design Services for all completed work and expenses incurred up to the termination date.

• Indemnification:

The client agrees to indemnify, defend, and hold ORiK Design Services harmless from and against any claims, damages, liabilities, costs, and expenses arising out of a any third-party claims alleging infringement of intellectual property rights or violation of laws or regulations arising from the client’s use of the designs provided by ORiK Design Services.

• Subcontracting: 

ORiK Design Services reserves the right to subcontract any part of the design work to third-party contractors or subcontractors as deemed necessary. However, ORiK Design Services shall remain fully responsible for the performance and quality of the subcontracted work.

• Force Majeure: 

Neither party shall be liable for any failure or delay in performing its obligations under the agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, or pandemics In the event of a Force Majeure Event, the affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact of the event on the performance of its obligations. If the Force Majeure Event continues for more than 30 days, either party may terminate the agreement by providing written notice to the other party without liability.

• Review of Final Product and Additional Work: 

Upon delivery of the final product, the client shall promptly review the work and notify ORiK Design Services of any desired revisions or additional work. Any revisions or additional work requested by the client beyond the scope outlined in the agreement shall be considered as extra work and shall be subject to additional fees at ORiK Design Services’ standard rates. ORiK Design Services shall provide a written estimate of the additional costs associated with the extra work, and work shall commence only upon the client’s approval of the estimate and payment of any required fees.

• Scope of Work: 

To ensure clarity and prevent misunderstandings, ORiK Design Services will provide a detailed scope of work document for each project. This document will outline the specific services to be provided, deliverables, and any project milestones or timelines.

• Revisions and Feedback: 

We understand that design projects may require iterations and adjustments. Therefore, we have included provisions in our terms that outline the process for revisions and feedback. Clients are encouraged to provide timely feedback and requests for changes to facilitate efficient project completion.

• Feedback and Testimonials: 

The client agrees that ORiK Design Services may use the client’s name and logo, as well as any feedback or testimonials provided by the client, for marketing and promotional purposes, including but not limited to website content, case studies, and social media posts, unless otherwise specified in writing by the client.

• Non-Solicitation of Employees:

 During the term of the agreement and for a period of [number of years] years thereafter, the client agrees not to directly or indirectly solicit, hire, or engage any employees or contractors of ORiK Design Services involved in providing services under the agreement without the prior written consent of ORiK Design Services.

• Confidentiality of Deliverables: 

The client agrees to maintain the confidentiality of all deliverables provided by ORiK Design Services and shall not disclose or share them with any third party without the prior written consent of ORiK Design Services, except as required by law.

• Ownership of Materials: 

All materials, including but not limited to drafts, sketches, and electronic files, developed or created by ORiK Design Services in the course of providing services to the client shall remain the exclusive property of ORiK Design Services unless otherwise agreed upon in writing. The client shall not acquire any ownership rights or licenses to the materials, except for the right to use them for the intended purposes outlined in the agreement.

• Termination Costs:

 In the event of termination of the agreement by the client for reasons other than ORiK Design Services’ material breach, the client agrees to pay any outstanding fees and expenses incurred up to the termination date, as well as any costs associated with the orderly transfer of project materials and documentation.

• Publicity Restrictions:

 The client agrees not to make any public statements or announcements regarding the services provided by ORiK Design Services without the prior written consent of ORiK Design Services.

• Audit Rights: 

ORiK Design Services reserves the right to audit the client’s compliance with the terms of the agreement, including but not limited to the client’s use of the deliverables and payment of fees, upon reasonable notice to the client.

• Severability:

 If any provision of the agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.