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.

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.

Liability
AWB Interiors accepts no liability for any errors, omissions, delays, costs, or compliance issues arising from excluded services or the work of third-party specialists, unless expressly agreed in writing. Responsibility for the performance and regulatory compliance of excluded services rests solely with the appointed specialist or contractor.

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

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

  • Fees will be agreed in writing and may be structured as fixed per project basis, or stage payments.

  • A non-refundable deposit of 50% is required to confirm your booking and initiate services. This payment accounts for administrative costs and the loss of other work that must be rescheduled or cancelled.

  • Payment for each stage must be made in advance and prior to each stage, in accordance with the schedule outlined in your proposal, as the agreement covers all stages as a single contract.

    In the event of partial completion of the final stage, the remaining balance is divided into two instalments: 20% payable prior to the release of partial deliverables, and the final 5% due upon full completion and delivery of the remaining work.

  • Invoices are payable immediately upon receipt unless otherwise stated. Delayed or missed payments by the client on the agreed due date will result in a default and cause corresponding delays to the project timeline. As our design software is integrated with our payment system, non-payment will lead to account restrictions, including blocked access to the design platform.

  • Late payments may incur statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5. Cancellation and Termination

  • You may cancel this agreement within 14 days by written notice via email only

    • Fees for completed work remain payable.

    • Deposits are non-refundable, except where required by consumer law.

  • We may terminate the agreement for non-payment, breach of Terms, or failure to provide necessary input.

  • Upon termination, all intellectual property remains our property and must not be used unless otherwise licensed in writing.

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.

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.

8. Limitation of Liability

  • We are not liable for indirect or consequential loss, nor for third-party delays or defects.

  • Our liability is capped at the total design fees paid by you.

  • Nothing in these Terms limits liability for death or personal injury caused by negligence or fraud.

  • Model Limitation of Liability Clause (Client Contract)

    1. Reliance on Specialists

    The Client acknowledges that certain aspects of the Services, including but not limited to fire strategies, fire risk assessments, and specialist reports, are prepared by independent qualified professionals engaged by the Agency (“Specialist Consultants”). The Agency shall not be responsible for any errors, omissions, or deficiencies in such specialist services, provided that the Agency has exercised reasonable care in appointing appropriately qualified and insured professionals.

    2. Limitation of Liability

    The total aggregate liability of the Agency to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the Services shall be limited to the lesser of:

    a) the total fees payable by the Client under this Agreement; or

    b) the sum of £n/a

    3. Insurance Cap

    The Agency’s liability shall in no event exceed the amount recoverable under its professional indemnity insurance and public liability insurance policies, as in place from time to time.

    4. Exclusions

    The Agency shall not be liable for:

    a) indirect or consequential losses, including loss of profit, revenue, or business opportunity;

    b) matters outside the Agency’s reasonable control;

    c) reliance on information, drawings, or reports provided by Specialist Consultants.

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 in writing.

10. Reviews, Sign-Offs, Amendments

  • 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 10 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).

  • Once signed off, no responsibility is taken by AWB Interiors for omitted content.

  • All design outputs are for guidance only.

  • Working drawings All working drawings and dimensions must be verified on site by the appointed contractor. AWB Interiors accepts no liability for errors, omissions, or damages arising once the client has instructed the contractor to proceed. Responsibility for site accuracy and execution rests solely with the contractor.

  • 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.

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.

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

AWB Interiors, its employees and agents, disclaim liability for:

  • Any loss or damage due to inaccuracies, omissions, delays or errors in the work;

  • Loss or damage to materials (e.g., artwork or photos) supplied by you;

  • Any third-party acts or errors.

Our total liability is limited to the fee(s) paid under this Agreement for the specific service in question.

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

AWB Interiors makes no express or implied warranties. We are not responsible for:

  • Any damages from use or non-performance of products or services;

  • Data loss, consequential loss, or delivery failures;

  • Third-party supplier issues or subcontractor actions.

We reserve the right to subcontract services and are not liable for acts or omissions by those parties. Use of third-party services is subject to their terms and conditions.