1

OVERALL

1.1

The following Terms and Conditions of Service apply to all products and services provided by Taraneem Design L.L.C. (hereinafter referred to as Taraneem Design) and in the event of any dispute are governed by the laws of Oman.

1.2

All work is carried out by Taraneem Design on the understanding that the client has agreed to our terms and conditions.

1.3

Copyright is retained by Taraneem Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

1.4

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Taraneem Design, unless specifically agreed in writing.

2

PROJECT ACCEPTANCE

2.1

At the time of proposal, Taraneem Design will provide the Client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Taraneem Design website.

2.2

A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Taraneem Design. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation. For the avoidance of doubt, the Taraneem Design Terms & Conditions are what govern the job, not any conditions on the Client’s purchase order.

3

DESIGN CHARGES

4.1

Charges for design services to be provided by Taraneem Design will be set out in the written fee agreement or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this fee agreement or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

3.2

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. The remaining fifty (50) percent of the project quotation total can be divided or as a whole.

3.3

Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.

3.4

All work is billed either monthly, hourly, or a week prior to completion of project stage, as previously agreed.

3.5

Taraneem Design offers different design services. A comprehensive package that covers the full design process is offered to the client. However, the client can select the areas they require and add other items at a later time with additional cost. Additional cost rates may vary.

3.6

Taraneem Design offers different managerial services/ package, consultancy, site visits, and project management. Services and duties shall not be mixed. Additional services can be added at any time. Managerial services/ package payment is given in advance.

3.7

Charges for design services to be provided by Taraneem Design will be set out in the written fee agreement or quotation that is provided to the Client. The client cannot stop or slow down quotes that include discounts or costs that have been reduced during promotions. The agreement becomes null after a five-day period of stagnation. With regard to finishing the design work, the designers will be under no obligation to the client.

3.8

Charges for Fit-Out services to be provided by Taraneem Design will be set out in the written fee agreement or quotation that is provided to the Client. The client cannot stop or slow down the work on quotes that include discounts or costs that have been reduced during promotions. The agreement becomes null after a ten-day period of stagnation. With regard to finishing the job, the designers will be under no obligation to the client.

4

SOURCE FILES

4.1

We will supply PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

4.2

Charges for design work do not cover the release of our copyright design source files, including but not restricted to INDD, PSD, AI, PNG, FLA, CAD DWG,3DS or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

5

CHARGES FOR OTHER SERVICES

5.1

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

5.2

All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers and printouts are additional.

5.3

Any invoice queries must be submitted by email within three days of the invoice date.

5.4

The Proforma invoice for the entire BOQ value is paid in accordance with the payment schedule; the one exception to this rule is when a job is stagnant or idle for an extended period of time (more than 7 days for short projects and 14 days for medium or long projects), in which case the next invoice is due in advance to ensure job completion.

5.5

Accounts which remain outstanding - unpaid invoice: partially or fully - five days after the date of invoice, will incur late payment interest charge at the Bank Muscat Base Rate plus 5% per day. Taraneem Design reserves the right to claim the surcharges of 5% per day interest to accounts that are not paid by this time. The Client credit screening may affect any subsequent credit agreement.

5.6

Any permits/ approvals/ warranties are handed over after the payment off all invoices.

5.7

Payments may be made by phone/ online transfer, credit card (Visa, Mastercard) or Debit Card.

5.8

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery. Cheques preferably hand delivered.

5.9

Returned cheques will incur an additional fee of R.O. 100 per returned cheque. Taraneem Design reserves the right to consider an account to be in default in the event of a returned cheque.

5.10

Display, release, or publication of work done by Taraneem Design on behalf of the client, may not take place before cleared funds have been received.

5.11

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

6

DEFAULT

6.1

A Clients account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Taraneem Design shall be entitled to remove materials or/ and units from any and all areas, until the amount due has been fully paid. This includes any and all unpaid monies due for services or/ and goods.

6.2

Removal of such materials does not relieve the Client of its obligation to pay the due amount.

6.3

Clients whose accounts become default agree to pay all Taraneem Design ‘s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.

7

COPYRIGHTS AND TRADEMARKS

7.1

By supplying text, images and other data to Taraneem Design for inclusion in the Client’s website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

7.2

Any artwork, images, or text supplied and/or designed by Taraneem Design on behalf of the Client, will remain the property of Taraneem Design and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose.

7.3

The Client may request in writing from Taraneem Design, the necessary permission to use materials (for which Taraneem Design holds the copyright) in forms other than for which it was originally supplied, and Taraneem Design may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

7.4

Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Taraneem Design.

7.5

By supplying images, text, or any other data to Taraneem Design, the Client grants Taraneem Design permission to use this material freely in the pursuit of the design.

7.6

Should Taraneem Design, or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Taraneem Design to remove and/or replace the file on the site.

7.7

The Client agrees to fully indemnify and hold Taraneem Design free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

7.8

The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore, the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.

8

ALTERATIONS

8.1

The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

8.2

The Client also agrees that Taraneem Design holds no responsibility for any amendments made by any third party, before or after a design is published.

8.3

As part of larger projects which involve third parties commissioned directly by the client, Taraneem Design will not be held responsible in any way for services not carried out/managed directly or indirectly by the third-party company. Commissioned work with the third party that directly affects previously agreed and submitted design with Taraneem Design shall be adjusted at an additional cost.

8.4

The Contractor shall provide all necessary and proper supervision on the Site and all Personnel must be familiar with and experienced in the specific works being undertaken. Any particular instructions or requests made by the customer (oral or written) shall be honoured and complied with at the client's expense.

8.5

If the client requires any services which are not specified in as part of the Works but which are related to the project; or proposes any change to the scope of the Works, these changes will be treated as Additional Works. The provision of Additional Works (and the charges for these) must be agreed in accordance with the procedure set (the “Variation Order”). Once the Additional Works have been agreed, they shall be treated as part of the Works and will be provided by the Contractor accordingly. Additional Works shall be paid for in advance.

8.6

The designer may, during the Term, propose to the client that Additional Works are to be provided. the Contractor shall, subject to the terms:- (i) how the Additional Works will be provided; (ii) the timetable for providing the Additional Works, including the number of days of work, the Additional Fees and which of the Contractor's Personnel will carry out the work (in case of new services) or the change of the Contract Price charged under this Contract (in case a change of the scope of the Works); (iii) and terms of payment in respect of the Additional Fees or the change of the terms of payment in respect of the revised Contract Price.

9

DESIGN PROJECT DURATION

9.1

Any indication given by Taraneem Design of a design project’s duration is to be considered by the Client to be an estimation. Taraneem Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Taraneem Design for the initial payment or by date confirmed in writing by Taraneem Design.

9.2

All projects are planned to an agreed timeline. Non-adherence to this timeline by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.

9.3

Whilst every effort will be made to achieve agreed delivery date, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.

9.4

We have considered that work shall be available in a continues manner with the schedule. We will propose and the client should secure all the needed documents for the activity including all the governmental permissions and approvals.

9.5

Any date, deadline, or period mentioned in the Contract may be extended by the client, otherwise time shall be of the essence for the date of completion of the Works set out in the Project Timetable. Time extension directly may affect invoice schedule and material/ item cost/ fees.

9.6

In the case of idling, we shall be compensated at a rate of R.O. 25.000 per worker per day.

9.7

Taraneem Design reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project. Should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of Four weeks or more, invoicing will occur to conclude the current work stage.

9.8

All projects are planned to an agreed timeline so long as the project specification, original/ approved design remained unaltered. Non-adherence would require the company to produce new time schedules or revise them. Such time schedules are a mean of moving forward with the project. The Client agrees not to hold Taraneem Design responsible for any delays or time losses.

9.9

Projects without a deadline or a fixed duration won't adhere to a schedule.

9.10

In good faith, Taraneem Design would hold all the supplied files, originals and materials for a period of up to six months. Taraneem Design keeps no records of specifications beyond Six months on short term purchases/ invoices.

10

DESIGN PROJECT COMPLETION

10.1

Taraneem Design considers the design project complete upon completion of hand over. The client will be informed that the site is complete via email.

10.2

The Client is given in advance a handover date by Taraneem Design (original or updated by Taraneem Design). The date is final weather the client attends, sends his representative, or is absent. The Client or his representative is given seven days to deliver a snag list which is final. If undelivered, then the client has no legal right to claim any changes under the agreed scope of work.

10.3

The Client understands and acknowledges that upon delivery, the client will be exclusively responsible for the safety and composition of all (Materials, finishings, fixtures, and furnishings) produced for use or intended use in connection with the project, regardless of the media or format. Additionally, while the contract fee is not fully paid, the Designer shall be the sole owner of the property/ goods and the client will be liable for any damages.

10.4

The Warranty Period shall commence from the completion of the Acceptance process and shall continue in force for the Warranty Period. During the Warranty Period, the designer shall make good or replace at his own expense any part of the installed Equipment that shall be found to be defective or show signs of any weakness or undue wear in consequence of faulty design, workmanship or material.

10.5

Only things that are part of the designer's scope and were created and carried out by the designer must be repaired or replaced throughout the Warranty Period. The warranty does not apply to incorrect or problematic work produced as a result of the designer following design guidelines that the client provides (third party design/ detail drawings).

10.6

Projects that are not covered by warranties under the contract or quotation are not warranted.

11

SITE WORK

11.1

Taraneem Design reserves the right to commission freelance support or outsource any job if it felt it is in the best interests of the project. Any outsourced job remains the property/responsibility of Taraneem Design and such services are deemed to be carried out ‘directly’ by Taraneem Design.

11.2

Measurements referenced in Plans, Elevations, or Shop drawings will be revised and confirmed with the measurements on site. Actual measurements of any SQ.M. or R.M. unit Item is the inclusion of material used pulse wastage.

11.3

Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within three working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.

11.4

Taraneem Design is not responsible nor liable for transactions between client and an outside 3rd party vendor. Delivery schedules and goods storage are the responsibility of the client, Foreman on site, contractor, and 3rd party vendor.

12

LICENSING

12.1

Any design, copywriting, drawing, idea or code created for the Client by Taraneem Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Taraneem Design and any of its relevant sub-contractors.

12.2

Any claim against Taraneem Design shall be limited to the relevant fee(s) paid by the Client.

13

DESIGN CREDITS

13.1

The Client agrees to allow Taraneem Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Taraneem Design own website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the top or bottom of the page.

13.2

The Client also agrees to allow Taraneem Design to place websites and other designs, along with a link to the client’s site on Taraneem Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

14

RIGHTS OF REFUSAL

14.1

Taraneem Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Taraneem Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Taraneem Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow Taraneem Design to remove the contravention without hindrance, or penalty. Taraneem Design is to be held in no way responsible for any such data being included.

14.2

A project would commence on an agreed scope of work. Taraneem Design reserves the right to refuse to accept additional scope of work or variations.

15

CANCELLATION

15.1

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Taraneem Design will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing and received by Taraneem Design within 3 days of such instruction being issued, will be liable for the full quoted cost of the project.

16

DISCLAIMER

16.1

Company agreements are available in both Arabic and English. While the laws of Oman re-quire contracts to be written in Arabic, Taraneem provides the option of an English version. Please note that in the case of any legal disputes or interpretations, the Arabic version of this contract shall prevail as the official document.

16.2

Taraneem Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Taraneem Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

16.3

Taraneem Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Taraneem Design responsible for any such loss or damage.

17

DEFINITIONS

Bohemian design

:

This style is defined by a lack of structure, opting instead for carefree layers of pattern, texture, and colour. While there are some common practices with the bohemian look, there are no hard and fast rules like there are with modern or minimalist.

Actual measurement

:

Actual measurement of any fitout job be it celling, flooring, wall cladding, or furniture, etc.  includes waste of materials used which will be referenced in the materials supply invoice (if required).

Aspirational

:

The idea of creating an environment to match a lifestyle goal.

Circular

:

Correspondence and letters circulating between the two parties or their representatives.

Classic design

:

This style may be called traditional (heavy). The look is structured and balanced, rich in accessories, texture and finishes.

Clean design

:

A linear and unclutters style with no frills.

Cloning

:

Make an identical copy of a space or replicate a space to provided that already exists into the client’s space.

Collected space

:

Describes a space that is filled with unique pieces acquired over time, creating depth.

Contrived Patina

:

Character markings on surfaces.

Conversational piece

:

Something that is unique, special and possibly a little crazy or expensive; a hard sell.

Days

:

A day on which most people do a job for money (Sunday to Thursday).

Default

:

A Clients account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.

Eclectic design

:

A style that comprises heterogeneous elements — a mixture of textures, time periods, styles, trends, and colours.

Edited space

:

Well thought-out and organized; minimal without feeling cold.

Evolving

:

Design term for, ongoing, still being created in the mind “lets decide later”

Extenuating circumstances

:

It refers to every foreign cause or sudden event outside the control of the parties that cannot be foreseen, and if it occurs, it is impossible to pay or avoid it, and it includes, for example but not limited to, natural disasters, wars (whether declared or not), riots or civil disobedience, lockdowns, quarantines, or chaos, hostilities, explosions, nuclear dangers, or any other similar occurrences within the Sultanate that are beyond the control of either party.

Honest space

:

Describes a space that is allowed to breath, not contrived.

Layered space

:

Building interest though a various level of elements.

Lump sum (L/S)

:

A lump sum contract is a construction agreement in which the contractor agrees to complete the project for a predetermined, SET PRICE. This price covers material including wastage, labour, transportation, etc.

Minimalist design

:

A style that is very similar to modern interior design and involves using the bare essentials to create a simple and uncluttered space. It's characterised by simplicity, clean lines, and a monochromatic palette with colour used as an accent.

Modern design

:

A style that is broad that typically refers to a home with clean, crisp lines, a simple colour palette and the use of materials that can include metal, glass and steel. Modern design employs a sense of simplicity in every element, including furniture.

Neoclassic design

:

A style that is all about melding tradition with modern, contemporary pieces for an interior that will seriously impress.

Project Duration

:

Short,  up to 3 months

Medium,  more than 3 months and less than 6 months

Long, more than 6 months

Refined

:

Having many design options at your fingertips, but selecting just those few that complement each other.

Reimagined

:

A space that has been completely reinterpreted without boundaries or constraints.

R.M.

:

Running meter (plural running meters) length of one leaner meter of a product that is sold by meter, such as pipe or skirting.

Schedule of Works

:

It is a contract document that lists the works required on a project. 

SQ.M.

:

The area equal to a square that is 1 meter on each side. Used for measuring areas of rooms, timber boards, carpets, etc.

Tailored design

:

Something with clean lines that hold up to the test of time; not fussy.

The company

:

Taraneem design. Also referred to as designer, or contractor, mostly in fitout jobs.

The client

:

A person/s or entity who commissioned the job, pays the invoices. Also referred to as customer.

Timeline

:

A schedule for when a process or procedure will be carried out.

Well-appointed

:

Something of exceptional quality and craftsmanship.

Whimsical

:

Elements of design that add a sense of humour, or make someone smile.

18

GENERAL

18.1

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Taraneem Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

18.2

Acceptance of Terms and Conditions and Quotation

18.3

The placement of an order for design and/or any other services offered by Taraneem Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.taraneemdesign.com.

18.4

A Fee Agreement/ contract validated by the Client’s signature on the contract or quotation form, or by email, or by advance payment, constitutes acceptance of the contract or quotation and agreeing to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Taraneem Design.

  Last update: 01/01/2023