AWB INTERIORS – TERMS OF SERVICE

Last Revised: 31/07/2025

1. Introduction

These Terms of Service ("Terms") apply to all interior and design services provided by ART WE BUILD INTERIORS LTD T/A AWB Interiors © The Custard Factory Gibb Street Birmingham, West Midlands B9 4AA Company number 164462 ("we", "us", "our"), to you, the client ("you", "your"). By commissioning us—whether by signed agreement, written confirmation, or payment of invoice—you agree to be bound by these Terms, which constitute a legally binding contract.

1.1 Nature of Our Services

AWB Interiors provides bespoke design and interior services that are based on professional time, experience, and creative expertise.
Our services are tailored to each client and therefore are not mass-produced or resale items. All fees are charged for the time, skill, and resources used in delivering your project, not for a guaranteed outcome based on personal taste or opinion.

In addition to design services, AWB Interiors also provides bespoke booth seating, tables, and furniture for commercial shops, cafés, and restaurants, delivered either directly or through brokerage means, depending on client demand and project scale.

1.2 Design Process and Mood Boards

Our design direction is guided by the agreed brief and mood board.
Mood boards are intended as a visual guide to convey the intended tone, colour palette, and concept — not as an exact representation of final results.

During the project, AWB Interiors may make reasonable design amendments or substitutions as necessary to:

maintain overall aesthetic consistency,
ensure practicality, or
respond to product availability or installation considerations.

Client input is always welcomed, and we take reasonable steps to incorporate approved amendments that fall within the agreed scope of work.

1.3 Amendments and Revisions

Clients are encouraged to provide feedback during the agreed review stages of the project.
Any revisions beyond those stages or outside the original scope of work may incur an additional charge.
All revisions will be quoted and agreed upon before proceeding.

1.4 Fees, financial discussions and Client Communications

As AWB Interiors provides bespoke professional services, refunds are not available for change of mind, subjective preference, or where services have been delivered with reasonable care and skill. Where concerns arise regarding the quality or performance of the services, AWB Interiors will investigate the matter and, where appropriate, provide a reasonable remedy in accordance with Clause 5.3 and applicable consumer law.

1.5 Fairness and Consistency

Once work has commenced, payments relate to professional time, expertise, and resources allocated to the project. Refunds will not be provided for completed work performed with reasonable care and skill, except where required by applicable law.

1.6 Bespoke Service and 3D model lighting/ furniture

Provided the Services are delivered with reasonable care and skill, differences in personal taste, aesthetic preference, or subjective opinion shall not, on their own, constitute a failure of performance or breach of contract. We model close to or the likeness of the chosen lighting or furniture.

2. Scope of Services

2.1 Included Services
The scope of services provided by AWB Interiors shall include the following interior design activities only:

2.1.1 Interior concept development
2.1.2 Interior space planning, including seating, counter, and traffic flow arrangements
2.1.3 3D design of the shop floor interior and external façade
2.1.4 Interior design documentation and visualisations

For clarity, the above services relate solely to the aesthetic and design aspects of the interior environment and may be used to support interior design approvals only. They do not constitute, and shall not be relied upon as, planning drawings, master planning documents, structural or technical engineering drawings, or any form of documentation required for statutory approvals under UK Building Regulations.

AWB Interiors accepts responsibility only for the delivery of the interior design services described in Clause 2.1. All other services, including but not limited to planning, structural, technical, and regulatory compliance, remain the sole responsibility of the Client and/or their appointed specialist consultants or contractors, and are expressly excluded in accordance with Clause 2.2.

2.2 Exclusions of Scope

Unless expressly requested or confirmed in writing by email, the following items are excluded from the scope of services. Such items must be instructed separately and undertaken by suitably qualified and regulated specialists in compliance with UK Building Regulations:

2.2.1 Technical drawings, including but not limited to:
  a. Electrical layouts
  b. Plumbing schematics
  c. Drainage plans
  d. MEP drawings (specialist engineer instruction)
  e. Fire safety plans (specialist fire marshal instruction)
  f. Master planning drawings or Compliance
  g. Structural engineering drawings/ Building planning
  h. Mechanical extraction system drawings

2.2.2 Build work, including the supply of materials, labour, or build quotations.

These services may be provided separately upon request and will be subject to additional fees and revised timelines.

The full scope of services and timeline will be set out in the Proposal and confirmed in the Client Agreement. Any additional work outside the agreed scope may incur further fees.

Catch-All Exclusion
For the avoidance of doubt, any service, deliverable, or responsibility not expressly included within Clause 2.1 (Included Services) shall be deemed excluded from the scope of services.

2.3 Entire Agreement (Scope)
This Scope of Services constitutes the entire agreement between AWB Interiors and the Client in relation to the services to be provided. It supersedes and extinguishes all prior discussions, understandings, representations, or assumptions, whether written or oral, relating to the scope of services. No additional obligations shall arise unless expressly agreed in writing by both parties

2.4 Variations & Scope Control

Any work, request, amendment, or instruction that falls outside the agreed Scope of Services (Clause 2.1) shall be treated as a variation.

A variation includes (but is not limited to):

additional design concepts beyond agreed rounds
redesign of approved layouts or concepts
additional rooms, areas, or floors not included in scope
new branding directions, naming changes, or repositioning
supplier sourcing beyond agreed deliverables
revisiting previously approved stages

Variation Process

No variation shall be binding unless:

confirmed in writing by AWB Interiors, and
accompanied by a revised fee and/or timeline adjustment

We are under no obligation to commence variation work until payment is received.

2.5 Entire Scope Protection

No assumption, verbal instruction, informal message, or prior discussion shall constitute part of the contract unless confirmed in writing by AWB Interiors.

This protects against:

“you said this was included” disputes
WhatsApp/phone scope creep
informal design expectations

3. Intellectual Property

All creative materials including drawings, plans, visuals, mood boards, specifications, and concepts remain the intellectual property of AWB Interiors.
You are granted a non-exclusive, non-transferable licence to use the final approved designs solely for the agreed project and location.
You may not copy, reproduce, distribute, or adapt our work without prior written consent.

4. Fees and Payment

A deposit of 50% is required to secure scheduling capacity and commence work. The deposit becomes non-refundable once work has commenced or resources have been allocated to the project, except where otherwise required by law.

4.1 Payment Enforcement & Commercial Protection

Failure to pay any invoice when due constitutes material breach of contract.

In such cases, AWB Interiors may:

suspend services immediately
withhold deliverables
restrict access to design files or platforms
charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
recover reasonable debt recovery costs

5. Cancellation and Dispute Remedy

If the Client requests that AWB Interiors commence work during the 14-day cancellation period, the Client expressly requests immediate performance of the Services and acknowledges that:
(a) payment remains due for services supplied up to cancellation;
(b) any bespoke work completed before cancellation may not be refundable;
(c) cancellation rights may be reduced or lost where performance has been fully completed in accordance with applicable law.

5.1 Kill Fee / Cancellation Protection

If the Client cancels the project after commencement of work, the following applies:

AWB Interiors may charge a reasonable cancellation fee reflecting:

reserved project time;
loss of scheduling capacity;
administrative costs;
resources allocated to the project.

Any such fee shall be proportionate to the losses reasonably incurred.

(a) After commencement but before Stage completion

The Client shall pay for:

all work completed up to cancellation date
all time allocated to the project (including design, admin, revisions, and meetings)
any non-recoverable costs incurred

5.2 Suspension of Work

We reserve the right to suspend all services immediately if:

invoices remain unpaid beyond the due date
client communication is unreasonably delayed
scope disputes are unresolved

During suspension:

timelines are paused
deliverables are frozen
access to design files may be restricted

Work will resume only upon full settlement of outstanding amounts.

(b) Mid-stage cancellation (Kill Fee)

In addition to work completed, AWB Interiors may apply a cancellation fee of:

up to 20% of the remaining contracted value of the project,
reflecting loss of scheduling capacity and reserved design time

This fee is a genuine pre-estimate of loss and not a penalty.

(c) Deposits

All deposits remain strictly non-refundable as they secure scheduling capacity and block alternative client work.

5.3. Service Remedy & Capped Goodwill Adjustment

Where AWB Interiors has failed to provide services with reasonable care and skill, or where a material delay is directly attributable to AWB Interiors, the Company may seek to remedy the issue by correction, completion, redesign, or other reasonable remedial action.
(a) complete or rectify the affected deliverables at no additional cost; and/or
(b) apply a goodwill adjustment between 5 - 12% Maximum of the affected stage balance; and/or
(c) issue a credit of £250 toward future services.
Any such adjustment shall be:
discretionary
case-specific
and only applicable once reasonable remedial work has been completed or offered
No automatic entitlement to refunds or credits arises from delay alone.
Where a goodwill adjustment is offered under this clause, payment of the adjusted balance shall constitute full and final settlement of the issue giving rise to the adjustment, unless otherwise agreed in writing.

5.4. No set-off

The Client shall not withhold, reduce, set-off, or deduct any amount due under this Agreement by reason of any dispute, claim, or alleged defect in the Services unless such deduction has been agreed in writing by AWB Interiors or determined by a court of competent jurisdiction.

6. Client Responsibilities

To ensure efficient delivery of services, you agree to:

Provide timely feedback, approvals, and decisions;
Provide a name for the business or brand when requested
Supply required data, measurements, or floorplans accurately;
Purchase any necessary assets (e.g. stock images, menu content);
Provide reasonable access to the site;
Appoint a dedicated contact person for the project.

Failure to meet these responsibilities may delay the project and/or incur additional costs.

6.1 Client Delay & Approval Obligations

Time is a critical factor in project delivery.

The Client agrees to provide approvals, feedback, information, and decisions within a reasonable time frame (typically 2 – 3) working days unless otherwise agreed).

Where the Client delays:

feedback
approvals
payments
provision of required information

AWB Interiors reserves the right to:

pause the project timeline
reallocate resources
revise delivery dates
charge reasonable rescheduling or holding fees where delays are excessive

Any resulting delay shall not constitute breach by AWB Interiors.

7. Introduction to Third- party services

AWB Interiors will only provide build quotations once the design has been formally approved and signed off by the client. AWB Interiors is under no legal obligation to provide build quotations or to source or recommend contractors or shopfitters following completion of the design phase and delivery of agreed design services
Introduction/ liason Fee & Third-Party Disclaimer Clause
1. Introduction of Third Parties
AWB Interiors may, for your convenience, introduce you to independent third-party service providers (such as builders, contractors, or shopfitters) (“Third Parties”). These introductions are offered solely to assist you in progressing your project.
2. Introduction Fee
AWB Interiors may receive a one-time fixed Introduction Fee from either you or the Third Party. This fee is for the act of introducing the parties and does not vary based on the value of any project or agreement you may enter into.
This is not a commission, and AWB Interiors is not acting as an agent, partner, or representative of the Third Party.
3. No Liability for Third Parties
You acknowledge and agree that:
- AWB Interiors does not supervise, manage, or control any Third Party introduced to you;
- We do not make any representations or warranties as to their skills, qualifications, conduct, reliability, or the quality of their work;
- All contracts or arrangements between you and a Third Party are entirely independent and made at your own risk.
AWB Interiors shall not be liable for any act, omission, failure, negligence, poor workmanship, delay, financial loss, or damage caused by any Third Party, even where we have received an Introduction Fee. This includes, without limitation, situations involving non-performance, incomplete work, or disputes over payments.
4. Your Responsibility
You are solely responsible for carrying out your own background checks, references, and due diligence before engaging with any Third Party. If you choose to proceed with a Third Party introduced by us, you do so with full understanding that AWB Interiors bears no responsibility or liability in any disputes that may arise.

7.1 Consumer Rights Compliance

Nothing in these Terms shall exclude, restrict, or limit any rights or remedies available to a consumer under the Consumer Rights Act 2015 or any other applicable legislation. Any provision found to be inconsistent with such rights shall be interpreted to the minimum extent necessary to comply with applicable law.

8. Limitation of Liability

Subject to applicable law, AWB Interiors' total aggregate liability arising out of or in connection with the Services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

8.1 Liability Clarification

For avoidance of doubt:

AWB Interiors does not guarantee:

planning permission outcomes
contractor pricing accuracy
build feasibility unless explicitly instructed
compliance outcomes of third-party consultants

All execution, installation, and compliance responsibility lies with appointed contractors and specialists.

9. Timelines

Each design stage typically takes 7 to 14 working days, depending on revision requests.
Timeline estimates are indicative. Any changes will be communicated via email from the client.
Time shall not be of the essence of this Agreement unless expressly agreed in writing.

9.2 Delay Attribution & Fair Assessment

For clarity, delay responsibility shall be assessed as follows:

AWB Interiors is only responsible for delays directly caused by:

internal resourcing issues
failure to deliver agreed outputs within reasonable time frames

We are not responsible for delays caused by:

client response time
third-party suppliers or contractors
scope changes or variations
force majeure events

Any determination of delay remedies under Clause 5.3 shall be assessed based on this allocation.

10. Reviews & Sign-Off

Following written approval of a design stage, AWB Interiors shall not be responsible for omissions, amendments, or changes that were reasonably identifiable at the time of approval and were not raised by the Client.

Any request to revisit approved work will be treated as a variation under Clause 2.4.

AWB Interiors shall not be liable for downstream issues arising from client-approved designs.

Isometric Plans Satge 1
Isometric plans are approved at Stage 1 and shall not be subject to further amendment thereafter. Any request for redesign or complete remodelling following approval at Stage 1 will be deemed a new design commission and will incur additional charges accordingly.
3D Model Development
At Stage 1, we produce a draft concept representing approximately 75% completion of the 3D model for client review and feedback. This draft shall cover the shop floor area only. The back-of-house areas (including kitchen, storage, and sanitary facilities) are prepared and developed during Stage 2 of the 3D model process if agreed in the original proposal, as these are extra.
3D changes & updating Stage 2 include up to 5 cosmetic. Remodels of the interior include: Chairs/lighting/tables only. We create the remaining 25% to complete 100% of the 3D model for you to review in STAGE 2. Further changes are chargeable.
Signed-off 3D models form the basis of Stage 3 documentation (e.g., materials lists, design guides).
Following written sign-off, AWB Interiors shall not be responsible for omissions, amendments, or issues that were reasonably identifiable at the time of review and were not raised by the Client.
All design outputs are for guidance only.
Working drawings Contractors remain responsible for verifying all site dimensions and construction requirements before commencing work. AWB Interiors shall not be liable for losses arising from a contractor's failure to undertake appropriate site verification.
Logo design Once a name and logo are approved, any changes or requests for alternatives will be treated as a separate project with new fees and terms. As part of the branding process, AWB Interiors will conduct IPO research and provide two name options; a third must be supplied by the client. Three logo designs will be created based on these. Any additional names or logos beyond this will incur extra charges, invoiced and payable before further work proceeds.

11. Insurance

We maintain Professional Indemnity and Public Liability Insurance suitable for our business. You are encouraged to maintain adequate insurance (home or contents) during any renovation or fit-out works.

12. Confidentiality

We treat all client data as confidential and do not share personal or project information without your consent, unless legally required.

13. Marketing & Portfolio Use

Unless otherwise requested in writing, you grant us permission to use anonymised project imagery and descriptions for promotional purposes (e.g. website, social media, portfolios).

14. Dispute Resolution

We aim to resolve disputes amicably. If a resolution cannot be achieved, either party may refer the matter to mediation prior to legal proceedings. These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

14.1 Opportunity to Remedy

The Client agrees to provide AWB Interiors with a reasonable opportunity to investigate and remedy any alleged defect,

15. Amendments

We reserve the right to update these Terms. Any changes will be notified in writing and will not affect ongoing projects unless mutually agreed. These terms may be updated from time to time. The latest version will always be available on our website.

16. Acceptance

By making payment of the invoice (in whole or in part), you confirm that you have read, understood, and accepted these Terms, and authorise AWB Interiors to begin work for design or consultation.

17. Delivery of files

Final design files will be delivered to the Client’s primary email address only. No files will be shared with third parties without the Client’s prior written consent.

If the project is partially complete, the final payment is divided into two instalments: 20% of the outstanding balance is payable prior to the release of partial deliverables (subject to cleared funds), with the remaining 5% due upon completion and delivery of all outstanding work.

If the project is 100% completed, payments will follow the agreed structure of 50% upon commencement, 25% prior to stage 2, and 25% upon final delivery.

17.1 Retention of Deliverables

Ownership and licence rights in all deliverables remain suspended until all invoices have been paid in full.

AWB Interiors reserves the right to withhold final deliverables, source files, working files, drawings, specifications, and licences until cleared payment has been received.

18. General

These Terms supersede all previous understandings, representations, or agreements. Your signature or payment constitutes full acceptance. Payment via any online method is also considered acceptance of these Terms.

19. Governing Law

This Agreement shall be governed and interpreted under the laws of England and Wales.

20. Liability

Except where liability cannot be excluded by law, AWB Interiors shall not be liable for:

indirect or consequential loss;
loss of profit, revenue, business opportunity, or goodwill;
losses arising from third-party suppliers, contractors, consultants, or specialist advisers;
losses resulting from inaccurate information supplied by the Client.

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence.

21. Severability

If any part of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions will remain fully effective. Any such provision will be replaced by a valid clause reflecting the intent of the original.

22. Licensing

Any original content created by AWB Interiors (e.g., logos, graphics, text, visuals, or code) is licensed to you on a one-time basis for the agreed project only.
You may not reuse, modify, or distribute any materials without our written consent.
You are responsible for obtaining legal advice or registration for intellectual property if there's a risk of third-party claims.

23. Disclaimer

Except as expressly stated in these Terms, AWB Interiors does not provide any warranties, guarantees, or representations beyond those implied by applicable law.

AWB Interiors shall not be liable for:

(a) losses arising from the implementation or use of designs by third parties;

(b) delays, interruptions, or failures caused by suppliers, contractors, consultants, subcontractors, utility providers, or other third parties;

(d) indirect or consequential losses to the extent permitted by law.

Nothing in this clause excludes any liability that cannot lawfully be excluded under English law.