Introduction

These Terms and Conditions of Service (“Terms”) govern the provision of custom architectural and engineering services (“Services”) by Love Container Homes (“LCH”, “we”, “us”, or “our”) to our clients (“Client”, “you”, or “your”). These Terms apply exclusively to custom architectural and engineering projects and do not apply to e-commerce products, including ready-made and ready-to-purchase plans and designs of shipping container homes.

1.   Services

LCH provides construction consultancy services, assisting clients in procuring stamped, permit-ready architectural and engineering drawings for their shipping container projects from locally licensed professional architects or engineers. Our services include consultation, design, coordination with licensed professionals, and assistance in the development of permit-ready set of construction drawings. Throughout the project, LCH provides ongoing support to address any challenges or changes that may arise.

2.   Client Responsibilities

To ensure a successful partnership and the smooth execution of the project, clients of Love Container Homes (LCH) are expected to fulfil the following responsibilities:

2.1 Providing Information: Clients are responsible for supplying LCH with all necessary information relevant to the project. This includes site details, specific requirements, personal preferences, budget constraints, and any other information that may impact the design and execution of the shipping container project.

2.2 Approval of Designs: Clients are expected to review and approve preliminary designs and plans provided by LCH. Timely feedback and approval are crucial to maintaining the project timeline and ensuring that the designs align with the client’s vision.

2.3 Obtaining Necessary Approvals: While LCH may assist its clients by guiding them with the permitting process and revising plans to comply with local codes and regulations to procure permits, clients are ultimately responsible for obtaining any required approvals from local authorities, homeowners’ associations, or other relevant entities.

2.4 Financial Obligations: Clients are responsible for fulfilling their financial obligations as agreed upon in the project proposal and this contract. This includes timely payments for services rendered and covering any additional costs that may arise due to changes in the project scope or unforeseen circumstances.

2.5 Communication: Effective communication is key to the success of the project. Clients are expected to maintain open lines of communication with LCH, promptly responding to requests for information or decisions and informing LCH of any changes or concerns that may arise during the course of the project.

2.6 By fulfilling these responsibilities, clients help ensure a collaborative and efficient process, leading to the successful realization of their shipping container project.

3. Fees and Payment

The financial terms of the agreement between Love Container Homes (LCH) and the client are outlined in this section. It is essential for clients to understand and adhere to the following fee structure and payment terms:

3.1 Fee Structure: LCH will provide a detailed breakdown of fees associated with the services to be rendered. This may include consultation fees, design fees, engineering fees, and any other charges related to the project. The fee structure will be outlined in the project proposal.

3.2 Payment Schedule: A payment schedule will be established, specifying the timing and amount of payments. Typically, this may include an initial deposit to commence work, progress payments tied to specific milestones, and a final payment before final delivery of the project.

3.3 Additional Costs: The proposal will clearly specify the number of free revisions available to the client. Should the free revisions be exhausted, LCH reserves the right to charge an additional fee for any further revisions requested. Any requests for additional revisions or changes in the project scope will attract an additional fee and will be handled on a case-by-case basis. It is important for the client to review and approve the proposed changes and associated costs before proceeding.

3.4 Late Payments: Timely payment of the fee is the responsibility of the client. LCH reserves the right to charge penalties and interest on the due amount, along with the right to suspend the project temporarily and permanently in the event of non-payment or late payment of the fee.

3.5 Invoicing: LCH will provide invoices to the client according to the agreed-upon payment schedule. Invoices will detail the services provided and the corresponding charges.

3.6 Payment Methods: Accepted methods of payment will be specified, such as bank transfer, or credit card. Any fees associated with specific payment methods will be the responsibility of the client.

4. Intellectual Property

The intellectual property rights associated with the services provided by Love Container Homes (LCH) are an important aspect of the agreement between LCH and the client. The following points outline the key considerations regarding intellectual property:

4.1 Ownership of Designs: All designs, drawings, plans, and documents produced by LCH as part of the services rendered for the client’s project remain the intellectual property of LCH. This includes any preliminary sketches, final designs, construction documents, and related materials.

4.2 Client License: Upon full payment for the services, the client is granted a non-exclusive, non-transferable license to use the designs and documents solely for the specific project for which they were created. This license allows the client to construct the project, make copies as necessary for construction purposes, and use the designs for the maintenance and operation of the completed structure.

4.3 Restrictions: The client is not authorized to modify, reproduce, distribute, or create derivative works from the designs and documents provided by LCH without the express written permission of LCH. The client is also prohibited from using the designs for any project other than the one specified in the agreement.

4.4 Credit and Attribution: In any public display or publication of the project, the client agrees to give proper attribution to LCH as the designer of the project. This includes, but is not limited to, press releases, promotional materials, and publications.

4.5 Confidentiality: Both LCH and the client agree to maintain the confidentiality of any proprietary information, designs, or documents shared during the course of the project. This confidentiality obligation extends beyond the completion of the project.

4.6 By respecting and adhering to these intellectual property provisions, both LCH and the client can ensure a mutually beneficial relationship that protects the creative and professional interests of both parties.

5. Liability

The liability clause in the agreement between Love Container Homes (LCH) and the client addresses the responsibilities and limitations of liability of both parties. Key aspects of this clause include:

5.1 Professional Liability: LCH is responsible for performing its services with the standard of care and professionalism expected in the industry. In event of errors or omissions found in the services provided by LCH, our liability is limited to correcting such errors or omissions.

5.2 Limitation of Damages: LCH’s liability for any damages arising from the services provided is limited to the total fees paid by the client for the specific services related to the claim. LCH is not liable for indirect or consequential damages, such as loss of profits, loss of business opportunity, or other incidental damages.

5.3 Indemnification: The client agrees to indemnify and hold harmless LCH from any claims, liabilities, damages, or expenses, including reasonable attorney fees, arising from the client’s misuse of the services, violation of the agreement, or any actions taken by the client that result in harm or liability to third parties.

5.4 Force Majeure: LCH is not liable for any failure to perform its obligations under the agreement if such failure is due to circumstances beyond its reasonable control, such as natural disasters, war, or government regulations.

5.5 Dispute Resolution: In the event of a dispute related to liability or any other aspect of the agreement, both parties agree to seek resolution through negotiation or mediation before resorting to litigation.

6. Termination

The termination clause in the agreement between Love Container Homes (LCH) and the client outlines the conditions under which either party may choose to end the contract and the procedures to be followed in such an event. Key aspects of this clause include:

6.1 Termination for Cause: Either party may terminate the agreement with written notice if the other party breaches any of its obligations under the contract and fails to rectify the breach within 30 days. Examples of breaches include failure to make timely payments, failure to provide necessary information, or failure to adhere to project timelines.

6.2 Termination due to Financial Distress: Either party may terminate this Agreement immediately upon written notice if the other party becomes insolvent, files for bankruptcy, or undergoes similar financial distress.

6.3 Consequences of Termination: Upon termination, the client is responsible for paying LCH for all services rendered up to the date of termination. LCH will provide the client with any completed or partially completed work.

6.4 Post-Termination Obligations: Both parties have obligations that survive the termination of the agreement. These may include confidentiality obligations, intellectual property rights, governing law clauses and any indemnification obligations.

6.5 By including a termination clause in the agreement, both LCH and the client can ensure that there are clear procedures in place for ending the contract if necessary. This clause helps protect the interests of both parties and provides a framework for an orderly conclusion of the project.

7. Governing Law

The governing law clause in the agreement between Love Container Homes (LCH) and the client specifies the legal jurisdiction that will be used to interpret and enforce the terms of the contract. Key aspects of this clause include:

7.1 Choice of Law: The agreement specifies that the laws of the State of Nevada, USA, will govern the contract. This means that any legal disputes or interpretations of the contract will be resolved according to Nevada state law.

7.2 Jurisdiction: Any legal proceedings related to the agreement must be initiated in the courts of Clark County, Nevada.

8. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof (collectively, a “Dispute”), the parties agree to resolve the Dispute as follows:

8.1 Negotiation: The parties shall first attempt to resolve any Dispute through good faith negotiations. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the Dispute and the relief requested.

8.2 Mediation: If the Dispute is not resolved through negotiation within thirty (30) days of the notice, the parties agree to submit the Dispute to mediation. The mediation shall be conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed-upon mediation service. Each party shall bear its own costs in the mediation, and the parties shall equally share the fees of the mediator.

8.3 Arbitration: If the Dispute is not resolved through mediation within sixty (60) days of the initiation of mediation, the Dispute shall be finally resolved by binding arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the AAA or another mutually agreed-upon arbitration service. The arbitration shall be conducted in Las Vegas, Nevada, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

8.4 Confidentiality: The parties agree that the negotiations, mediation, and arbitration proceedings shall be confidential and that the terms of any settlement or award shall not be disclosed to any third party without the prior written consent of both parties.

8.5 Legal Fees: In the event of arbitration, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in connection with the arbitration.

8.6 Survival of Dispute Resolution Clause: This Dispute Resolution clause shall survive the termination or expiration of this Agreement.

8.7 By incorporating a dispute resolution clause in the contract, LCH and the client aim to provide a clear, efficient, and effective process for resolving disagreements. This approach can help preserve the business relationship, reduce legal costs, and expedite the resolution of disputes.

By engaging the services of Love Container Homes, the Client acknowledges and agrees to these Terms and Conditions of Service.