Contract Terms & Conditions

Defined terms in this Agreement are set out in clause 13.

1 Staging services

1.1 The Customer engages Niche Design to provide the Staging Services, and agrees to pay the Fees, as set out in the pricing plan.

1.2 The terms of this Agreement become effective upon acceptance of the Service selected and paid by the Customer and form a contract between Niche Design and the Customer.

1.3 The Customer acknowledges and agrees that the Staging Services are provided on a consultative basis with the Customer, however Niche Design retains creative discretion in respect of the final selection, styling and arrangement of all Staging Items.

1.4 Once the Staging Items have been delivered, styled and arranged to the professional satisfaction of Niche Design, additional Fees may apply (and may be payable in advance) if the Customer requests Niche Design to change and/or re-style any Staging Items during the Staging Term.

1.5 The Customer must only use the Staging Items for the purpose for which they are intended (for example, indoor furniture must not be used outdoors) and in accordance with the reasonable directions of Niche Design.

1.6 The Customer agrees not to remove or allow any other person to remove the Staging Items from the Premises without the written consent of Niche Design.

1.7 For any Staging Items provided to the Customer that are soiled, damaged, destroyed or lost during the Staging Term (by no fault of Niche Design), the Customer agrees that to pay to Niche Design the full cost to clean, repair and/or replace such Staging Items, including reasonable transportation and handling costs.

1.8 Customer will ensure that utilities such as electricity are kept on while Schedule Property remains staged.

1.9 Customer will not conduct painting or other house repairs inside the Schedule Property while inventory is installed that could damage or soil installed items while property is staged.

1.9.1 Customer agrees inventory installed in the Schedule Property by Niche Design representatives will not be moved or removed by any third parties.

1.9.2 When requestion by Niche Design, Customer will provide access/key to the Scheduled Property to Niche Design for the duration of the staging contract or until the home sells, whichever comes first.

2 Delivery

2.1 Niche Design and the Customer shall agree on the Delivery Date of the Staging Items.

2.2 The Delivery Date may only be rescheduled subject to Niche Design approval, and dependent on Niche Design availability to provide the Staging Services on the rescheduled Delivery Date.

2.3 The Customer acknowledges that rescheduling the Delivery Date may result in the Customer incurring additional Fees, which Niche Design may charge at its discretion. Any additional Fees incurred must be paid prior to the new Delivery Date. In the event of non-payment in such circumstances, Niche Design may deduct the additional Fee from the Deposit.

2.4 Niche Design and its contractors may refuse to perform the Staging Services if they determine that the Premises is unsafe, unhygienic and/or not fit for housing the Staging Items (for example, Staging Items being exposed to the elements), and Niche Design shall give the Customer written notice that of what is required in order to perform the Staging Services.

2.5 When presented with the written notice as per clause 2.4 above the Customer must notify Niche Design within 5 Business Days of its election to: (a) Pay any additional Fees to complete the Delivery; or (b) Cancel this Agreement and forfeit the Deposit if any deposit paid.

2.6 Customer gives Niche Design permission to hang artwork on the walls inside the Schedule Property.

3 Access to premises

3.1 The Customer must ensure that Niche Design and its contractors have access to the Premises at all reasonable times throughout the duration of the Staging Term to allow Niche Design to:

(a) Perform the Staging Services;

(b) Inspect the Staging Items; and

3.2 The Customer agrees to provide suitable access to the premises at the agreed time and date for delivery and installation. If the customer fails to provide access, an hourly rate of $200.00 per hour or part of will be charged until the premises has suitable access to Niche Design . If customer fails to provide suitable access to the premises within 2 hours of agreed time, the transportation costs will be forfeited and recharged for another installation date and time.

3.3 The Customer warrants that they are the legal owners of the Premises. If this is not the case, then the Customer is responsible for obtaining the necessary consents to provide Niche Design and its contractors access to the Premises in order to enable Niche Design to lawfully provide the Staging Services.

4 Removal of staging items

4.1 The Customer agrees to notify Niche Design no less than 5 Business Days prior to the end of the Staging Term of their intention to either extend the Staging Term or arrange for the removal of Staging Items from the Premises. If no notice is provided, the Customer authorises Niche Design to attend the Premises and remove the Staging Items after the end of the Staging Term.

4.2 The Customer may request early removal of the Staging Items (for example, if the Premises is sold) by giving Niche Design no less than 5 Business Days’ written notice. For clarity, no additional Fees apply for early Removal during the Staging Term.

4.3 Niche Design will not be liable for removing or making good any minor damage caused by the installation of the Goods that is reasonable in the circumstances. Minor damage includes, but is not limited to, holes left from nails, screws or picture hooks left from the removal of pictures, art or mirrors, any marks caused to floors created by the movement of furniture after placement by Niche Design, or its Agents or its sub-contractors, and removing indentations from carpets where the Goods have been on display.

5 Extensions

5.1 Where the Customer requires an extension of the Staging Term, they must provide an Extension Request to Niche Design no less than 5 Business Days prior to the cessation of the Staging Term. In such circumstances Niche Design may, at its absolute discretion, choose to accept or reject an Extension Request.

5.2 If Niche Design accepts an Extension Request, Niche Design will render an invoice to the Customer and such invoice is due and payable within 3 Business Days of the commencement of the subsequent extension period falling upon which Niche Design may attend the Premises and recover the Staging Items.

6 Damage

6.1 The Customer is responsible in notifying Niche Design immediately of any accident or damage to the Staging Items following the Delivery.

6.2 If the Staging Items is found to be damaged, defective or otherwise not fit for purpose upon Delivery, then the Customer shall notify Niche Design of the issue in writing within 3 Business Days from the Delivery Date.

6.3 When presented with the information in clause 6.2 above, the Customer shall grant Niche Design access to the Premises to determine the nature and extent of the alleged issue Niche Design a reasonable amount of time to rectify the alleged issue (which in default shall not be less than 5 Business Days).

6.4 Customer is liable to take care of the Schedule property and maintain the furnishings in good condition and to return all items to Niche Design in the condition received, excluding normal wear and tear. Customer acknowledges that the Schedule property, furnishings, and accessories are owned and/or leased by Niche Design for display purposes only. The Schedule property should not be used in any other manner or for any other purpose. Client further acknowledges and agrees that the furnishings shall remain at the Schedule Property during the entire term of this Agreement and shall not be removed from the Schedule Property, except by Niche Design. 6.5 Customer acknowledges and agrees that installation of mirrors, artwork, wall hangings and other furnishings during the Staging process may require hooks and/or nails to be placed in the walls of property. Upon removal, small holes will be left. Touch up work on these is the responsibility of Customer.

7 Fees & Payment

7.1 Fees

(a) Unless agreed otherwise in the Proposal or in writing between the parties, all Fees for the Staging Services are due in full prior to Delivery.

(b) Niche Design will charge the Customer such Fees as specified in the Proposal and/or as accepted by the Customer.

(c) In the event of any non-payment of Fees, Niche Design reserves the right to deduct any Fees incurred by the Customer from the Deposit.

(d) All payments shall be made by deposit into Niche Design’s nominated bank account or in such other manner as Niche Design may direct from time-to-time.

(e) Niche Design may cancel this Agreement, cancel the Delivery and/or refuse to perform the Staging Services in the event the Customer fails to make a payment when due.

7.2 GST. GST is applicable to any Fees charged by Niche Design to the Customer. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. Niche Design will provide the Customer with a Tax Invoice for any payments.

7.3 Refunds.

(a) In the event that the Customer cancels the Staging Services in whole or part to Niche Design, then no refunds of Fees paid shall apply, except in the discretion of Niche Design.

(b) In the event of Niche Design cancels the Staging Services in whole or part due to no fault of the Customer, Niche Design shall refund the appropriate proportion of the Fees for the Staging Services to the Customer within 10 Business Days from cancellation or removal of the Staging Items, whichever is the sooner.

8 Photographs & Promotion

8.1 The Customer acknowledges and agrees that Niche Design may take photographs of the Premises with and without the Staged Items for its promotional purposes.

8.2 The Customer grants Niche Design authority to use the Premises address for the purposes of promoting Niche Design’s works.

8.3 Niche Design grants the Customer authority to take photos of and use the Staged Items in all promotions of the Premises.

9 Termination

9.1 This Agreement shall end when the Staging Services have been completed by Niche Design (generally at the cessation of the Staging Term) or as agreed by the parties in writing.

9.2 Without affecting any other rights or obligations of the parties, either party may terminate this Agreement by giving the other party no less than 5 Business Days’ written notice.

9.3 Niche Design may terminate this Agreement at any time prior to the Delivery of Staging Items without penalty or liability to the Customer.

9.4 Either party may terminate this Agreement on immediate written notice if:

(a) The other party is in breach of this Agreement, and does not remedy the breach within a reasonable time (which shall not be less than 5 Business Days) of receiving written notice of the breach;

(b) The other party commits a breach of the Agreement that is incapable of remedy; and/or

9.5 Should the Customer terminate this Agreement without cause, it shall remain liable to pay any Fees that it had agreed to pay Niche Design for all active and/or delivered Staging Services.

9.6 Where the Customer is in breach of this Agreement as set out in clause 9.3 above, Niche Design may take all steps necessary to recover and repossess the Staging Items, including entering the Premises in order to do so. In such circumstances, Niche Design shall provide written notice to the Customer of its intention to enter the Premises to recover the Staging Items no less than 5 Business Days, and the Customer indemnifies Niche Design against any liability, damage, loss, cost, charge or expense arising directly or indirectly out of Niche Design exercising its right of entry.

10 Liability & Indemnity

10.1 The Customer agrees that all use of the Staging Items is at the Customer’s own risk.

10.2 The Customer acknowledges that Niche Design is not responsible for of any person that uses the Staging Items during the Staging Term at the Premises, and that Niche Design is not liable for such under any circumstances.

10.3 The Customer agrees to indemnify Niche Design for any loss, damage, cost or expense that Niche Design may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with the Staging Items, including any loss or damage to Staging Items and/or breach by the Customer of this Agreement.

10.4 In no circumstances will Niche Design be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Staging Services or Staging Items, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Niche Design knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

10.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Niche Design and Niche Design related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Niche Design’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at Niche Design’s option to: (a) The re-supply of services or payment of the cost of re-supply of services; or (b) The replacement or repair of goods or payment of the cost of replacement or repair.

10.6 Customer agrees that Niche Design’s total liability is limited to a refund of the fee actually paid for the home staging services. the liability of Niche Design’s principals, employees, agents, contractors and suppliers is also limited to the fee paid by the customer.

10.7 Customer further agrees to release, indemnify and hold harmless Niche Design, its officers, employees, agents, sub-contractors, contractors and suppliers against any and all losses, liabilities, damages, injuries, expenses and claims (including reasonable attorney’s fees) of Customer or any third party arising from entry onto the Schedule Property and/or activities as authorized by this agreement, whether caused by negligence or otherwise, including without limitation property damage and personal injury claims.

11 Notices

11.1 The Customer can direct notices under this Agreement to Niche Design at its email address or other contact details as published on the Niche Design website, or as communicated to the Customer in writing. Niche Design will notify the Customer of a change of details from time-to-time.

11.2 Niche Design will send the Customer notices and other correspondence to the details that the Customer submits to Niche Design, or that the Customer notifies Niche Design of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.

11.3 Notices must be sent to the parties’ most recently known working contact details.

12 General

12.1 Retention of Title. Niche Design remains the owner of all Staging Items and nothing in this Agreement grants any rights, title or interest in respect of the Staging Items to the Customer.

12.2 Prevalence. To the extent that the Proposal is inconsistent with the terms of this Agreement, the terms of the Proposal shall prevail.

12.3 Amendments and Variations. This Agreement can only be amended, supplemented, replaced or novated by written agreement between the parties, which includes any change to the Staging Term and/or the Staging Services. 12.4 Assignment. Niche Design may assign its rights and interests in this Agreement by giving the Customer written notice. The Customer may only assign its rights and interests in this Agreement with the written consent of Niche Design.

12.5 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement and the Proposal.

12.6 Relationship. Niche Design is an independent contractor to the Customer and nothing in this Agreement forms a relationship of employment, partnership or joint venture.

12.7 Subcontracting. Niche Design may subcontract any of the Staging Services (in particular delivery and removal of Staging Items) in its discretion.

12.8 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

12.9 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

12.10 Governing Law. This Agreement is governed by the laws of the state of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

12.11 Time. Time is of the essence in this Agreement.

12.12 Electronic Communication. (a) The parties acknowledge and agree that this Agreement is binding upon each party if accepted or executed digitally, and/or conveyed by electronic communication. (b) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

12.13 Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.

12.14 Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

13 Definitions & Interpretation

13.1 Definitions. The following definitions apply in this document:

(a) ABN means Australian Business Number.

(b) Agreement means these Terms & Conditions and the agreement formed by them in conjunction with the terms of the Proposal.

(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Australia.

(d) Niche Design means Niche Design Co Pty Ltd t/as Niche Design.

(e) Customer means the legal person(s) engaging Niche Design to provide the Staging Services, as set out in the Proposal and/or as agreed by the parties in writing and or as bought online by customer as listed on Pricing page/s.

(f) Delivery means the delivery of the Staging Items to the Premises.

(g) Delivery Date means the date the Staging Items are delivered to the Premises.

(h) Deposit means the upfront amount paid by the Customer (if any), refundable to the Customer upon completion of the Staging Services subject to deductions from any additional Fees incurred by the Customer (if any), as set out in the Proposal and/or agreed in writing by the parties, which in default shall be $500.

(i) Extension Request means a written notice from the Customer requesting an extension of the Staging Term.

(j) Fee means a fee charged by Niche Design for the provision of the Staging Services, as notified to the Customer in writing.

(k) GST has the same meaning as in A New Tax System (Goods and Staging Services Tax) Act 1985.

(l) Premises means the property where the Staging Services are performed, and the Staging Items are housed, during the Staging Term.

(m) Privacy Act means the Privacy Act 1993.

(n) Proposal means the means any scope, statement of work or quote prepared by Niche Design setting out the inclusions and terms of the Staging Services.

(o) Staging Items means any furniture, artwork, rugs, decor, objects and other physical items provided by Niche Design for the purpose of providing the Staging Services.

(p) Staging Services means: i The provision, delivery, styling and arrangement, and removal of Staging Items, for the purpose of decorating the Premises during the Staging Term; and/or ii Any other services provided by Niche Design; as set out in the Proposal, and/or as agreed between the parties from time-to-time.

(q) Staging Term means the period in which the Staging Items are in the Premises, which in default shall be 6 weeks from the Delivery Date, or otherwise as agreed by the parties in writing.

(r) Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act 1985.

13.2 Interpretation. Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:

(a) The singular includes the plural and the opposite also applies.

(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

(d) A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them. (h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

(i) A reference to dollars or $ is to an amount in Australian currency unless otherwise explicitly specified