Effective Date: 15 May 2025

Welcome to Elemental Arts LLC. These Terms and Conditions (“Terms”) govern your access to and use of our services, website, and all related materials provided by Elemental Arts LLC, including but not limited to interior design consultations, custom designs, mood boards, 3D renderings, sourcing services, and project management.

By engaging our services or accessing our website, you agree to be bound by these Terms. If you do not agree, please do not use our services or access our materials.

  1. Services Offered
  2. Elemental Arts LLC provides:

    • Residential and commercial interior design
    • Space planning and layout optimization
    • Mood boards and concept development
    • Custom furniture and material sourcing
    • Digital 3D rendering and visualization
    • Project coordination and management
    • Design consultations (virtual or in-person)

    Each service is offered under specific deliverables and timeframes, outlined in individual contracts or proposals. These Terms apply to all services unless otherwise specified in writing.

  3. Engagement and Payment Terms
    • Scope of Work
    • A detailed scope of work will be provided in a design proposal or contract before any service begins. Any changes must be agreed upon in writing and may incur additional fees.

    • Fees and Invoicing
      • A retainer or deposit (typically 50%) is required to initiate services.
      • Remaining balances are billed in milestones or upon delivery of final design assets.
      • Invoices are due within 7 days unless otherwise stated.
      • Late payments may result in service delays, and a late fee of 2% per month may be applied.
    • Cancellation
    • Refer to our Refund Policy for terms regarding cancellations and partial refunds.

  4. Client Responsibilities
  5. To ensure a smooth design process, clients agree to:

    • Provide accurate and timely information (e.g., floorplans, preferences, access details)
    • Communicate clearly and respectfully
    • Make decisions in a timely manner to avoid delays
    • Notify Elemental Arts LLC of any project changes or budget constraints as early as possible

    Failure to cooperate or respond within a reasonable timeframe (10 business days) may result in project delays, additional fees, or termination of services.

  6. Intellectual Property
  7. All design concepts, renderings, drawings, graphics, and other materials created by Elemental Arts LLC remain the intellectual property of the company unless otherwise transferred in writing.

    Clients receive a limited license to use deliverables for personal or business use only within the scope of the agreed project. Reproduction, resale, distribution, or reuse for other purposes is strictly prohibited without written consent.

    We reserve the right to display completed projects (photographs, mockups, designs) in our portfolio, website, and marketing materials, unless the client requests otherwise in writing prior to the project’s conclusion.

  8. Third-Party Vendors and Purchases
  9. Elemental Arts LLC often recommends and sources materials, furnishings, or products from third-party suppliers.

    • We are not responsible for the manufacturing, delivery, quality, or warranty of products supplied by external vendors.
    • Clients are responsible for reviewing and approving purchase orders before payment is made.
    • Delays, price changes, or damage related to third-party orders are outside our control.
    • We will assist in communication with vendors to the best of our ability, but we are not liable for third-party service failures.
  10. Revisions and Changes
  11. Each phase of the design process includes up to two rounds of revisions unless otherwise stated. Additional revisions may incur additional fees. All revision requests must be submitted within 10 business days of receiving the initial deliverables.

    Major changes to the scope of work (e.g., switching design styles, materials, or floorplans) after the design has been approved may require a revised contract or proposal.

  12. Confidentiality
  13. Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of the project. This includes, but is not limited to, design plans, budgets, client identity, and home or business details.

    We will not disclose your information to third parties without your written permission, except where legally required or to complete the services (e.g., ordering materials or hiring subcontractors).

  14. Limitation of Liability
  15. To the fullest extent permitted by law, Elemental Arts LLC shall not be liable for:

    • Indirect, incidental, or consequential damages arising out of your use of our services or website
    • Loss or damage resulting from design preferences not meeting subjective expectations
    • Delays due to acts of nature, third-party vendors, or client inaction
    • Damage resulting from improper installation or handling of sourced products
    • Errors or omissions in plans once approved by the client

    If a court determines we are liable for any damage, our liability shall be limited to the total amount paid by the client for the specific services rendered.

  16. Project Timeline
  17. Timelines are provided as estimates and may change due to vendor delays, contractor schedules, or client response times. While we strive to meet deadlines, Elemental Arts LLC is not liable for any direct or indirect costs incurred due to timeline shifts.

    Clients agree to notify us of any required deadlines (e.g., move-in dates, events) before the project begins. Failure to do so may limit our ability to deliver on time.

  18. Termination
  19. Either party may terminate a project in writing. Grounds for termination include:

    • Breach of agreement
    • Non-payment
    • Repeated unresponsiveness or unprofessional conduct
    • Failure to provide required information or access

    Upon termination:

    • Work completed up to that point will be billed and payable
    • Any applicable refund will be issued according to our Refund Policy
    • All design materials remain the property of Elemental Arts LLC unless otherwise agreed
  20. Website Use and Content
  21. The content on our website, including images, text, graphics, and downloadable documents, is owned by Elemental Arts LLC. You may not reproduce or use our materials for commercial purposes without express written permission.

    You agree not to misuse our website by introducing malicious code, attempting to access unauthorized areas, or using our content for misleading or defamatory purposes.

  22. Governing Law
  23. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of AZ, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved in the appropriate courts located in USA/Tucson, unless otherwise mutually agreed.

  24. Dispute Resolution
  25. We are committed to resolving disputes professionally. Before initiating any formal legal action, both parties agree to:

    1. Attempt in good faith to resolve the dispute through direct negotiation
    2. If unsuccessful, engage in mediation before proceeding to litigation

    Legal fees and court costs, if applicable, shall be the responsibility of the party deemed at fault.

  26. Updates to These Terms
  27. We reserve the right to modify these Terms at any time. Changes will be posted on our website and take effect immediately. Clients with active projects will be notified of material changes that may impact ongoing work.

  28. Contact Information
  29. For questions, clarifications, or legal notices, please contact us at:

    Elemental Arts LLC
    Email: support@elementalartsllc.com
    Phone: 1-833-388-1818

    Thank you for choosing Elemental Arts LLC.
    We appreciate your trust in our design services and look forward to building something beautiful together.