TERMS AND CONDITIONS OF USE
Welcome to our website.
You must be at least 21 years of age to use this website. By using this website and by agreeing to these Terms you warrant and represent that you are at least 21 years of age.
These terms and conditions of use (“Terms”) cover use of the Mohandisi Design Directories and every part of this Website, which together we refer to as the “Site”. The Terms will apply for as long as you continue to use or browse this Site.
Whether you are a Consultant, a Partner or a Customer, you will be considered a user of this Site and these Terms apply to you.
If you continue to browse and use this Site, you are agreeing to comply with and be bound by these Terms which will then govern your relationship with this Site and its Proprietor. If you disagree with any part of these terms and conditions, you must not use this Site. We hope that these Terms will help ensure that the services, opportunities and products that you might gain access to through your use of the Mohandisi Design Directories will be of great assistance to you.
We reserve the right to modify the Terms and the content of the Site at any time without giving you prior notice. You can find the most recent version of the Terms here. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms as modified. You agree to review the Terms on a regular basis and always remain in compliance with the Terms.
Terms for Consultants, Partners and Customers.
If you are a Customer intending to use the Mohandisi Design Directories to retain or purchase Services and Products, you are subject to the following additional terms and conditions of use set forth in the following link: [ http://www.mohandisi.com/public/terms ]. You are required to read and shall be bound by these additional terms.
If you are a Consultant or Partner listed or are in the process of becoming listed in the Mohandisi Design Directories and you intend to provide information on your Services and/or Products and offer same to the Customers, you are subject to the following additional terms and conditions of use set forth in the following link: [ http://www.mohandisi.com/public/terms ]. You are required to read and shall be bound by these additional terms.
These Terms are very important and we cannot allow you to use the Site, especially the Mohandisi Design Directories, unless you agree to them. You and every other user of this Site are required to comply with these Terms and the specific terms that apply to you as a Customer or Consultant. You will be responsible for any violations of the Terms.
You are not allowed to assist or engage others in a way that would result or amount to a violation of these Terms. We will enforce and ensure compliance with these Terms by using the legal methods that we consider appropriate in our sole discretion.
“Consultant” means the individual or entity listed in the Consultants Directory
“Consultants Directory” refers to the list of Consultants on the Site
“Customer” means the individual or entity that uses or intends to use the Mohandisi Design Directories to either retain Consultants to provide the Services and/or purchase Products of the Partners.
“Design Bidding Process” refers to the procedure to be followed by Consultants in cases where bidding is activated and allowed in the Site at the option of the Proprietor.
“Design Bidding Rules” refers to rules that would be applied in case the Site activates and allows Consultants to bid for projects sought to be undertaken or offered by Customers.
“New Design” refers to an original model, scheme or plan based on a novel set of conditions and requirements not present in other designs created by the Consultant or other parties.
“Partner” means any individual or entity listed and registered in the Partners Directory who provides specific Products.
“Partners Directory” refers to the list of Partners maintained by the Proprietor on the Site.
“Product” means any product or commodity listed or offered by the Partner in the Mohandisi Design Directories.
“Proprietor” refers to Mohandisi Professional Company for General Trading WLL.
"Sensitive Data" means credit or debit card numbers; personal financial or bank account information; Social Security or civil identification numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security.
“Services” means professional services or any type of service or assistance listed or offered by the Consultant to the Customers whether directly undertaken by the Consultant or sub-contracted to third parties.
“Site” means the Mohandisi Design Directories and every part of this website.
"Third-Party Products" means products and services that are provided by third parties which may be used in connection with the Products and Services.
"Third-Party Sites" means third-party websites linked in or accessed through the Site.
“Transaction Fee” refers to the fee paid by the Customer to the Site/Proprietor for facilitating the transaction between the Customer and the Consultant.
"You" or "your" means the person or entity using the Site, whether you are a Customer, Consultant or Partner.
“User Content” means all content, including without limitation, language, data, information, audio-visual materials and images, provided through or disclosed by use of this Site, by you for any purpose.
“we”, “our” or “us” refers to the Proprietor of this Site.
License to Use Website
This Site contains content which is owned by or licensed to the Site or its Proprietor. This includes, but is not limited to, the design, lay-out, look, appearance, graphics, language, data, information, and images provided through or disclosed by use of the Mohandisi Design Directories whether by us, the Customers, the Consultants or the Partners.
Unauthorized use of this Site or the use of this Site contrary to these Terms (as described below) may give rise to a claim for damages and / or may be a criminal offence. Additionally, your access to this Site and its Services may be suspended temporarily or even permanently as a result of such unauthorized access or violation of these Terms, at the sole discretion of the Proprietor.
Unless otherwise stated, the Proprietor owns the intellectual property rights in the Site and any content on the Site except as specifically reserved in agreements with Consultants and Partners who appear in the Mohandisi Design Directories.
Subject to the license below, all these intellectual property rights are reserved.
- Acceptable and Prohibited Use
You may use the Site to provide or find out information about any Consultant or Partner or any opportunity offered by this Site. You may also submit reviews and comments in compliance with these Terms.
You may view, download for caching purposes only and print pages or other content from the Site for your own personal use, subject to the restrictions set out below. Where content is specifically made available for redistribution or for sharing to third parties, it may only be redistributed or shared within your organization or as may be instructed or allowed by the terms published on the Site.
This Site and its contents may not be used in any way that would generally degrade the professional and ethical values of the Proprietor, its Consultants, Partners or its Customers. For the avoidance of doubt, prohibited use of this Site and its contents include, but are not limited to any use that:
- amounts to a breach of confidentiality obligations, intellectual property rights or other proprietary rights;
- is an invasion of another person’s privacy or otherwise violates another person’s legal rights (such as rights of privacy and publicity);
- solicits private information of any person;
- discloses Sensitive Data of any individual or entity;
- results in the systematic or automated data collection (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without the Site’s express written consent;
- transmits/sends unsolicited commercial communications;
- republishes material from this Site (including republication on another website);
- sells, rents or sub-licenses material from this Site;
- displays any material from the Site in public or through a public presentation, public showing or exhibition;
- reproduces, duplicates, copies or otherwise exploits material on this Site for a commercial purpose;
- edits or otherwise modifies any material on the Site;
- re-distributes material from this Site except for content specifically and expressly made available for redistribution;
- is threatening, abusive, harassing, stalking, or defamatory or patently against the morals of the Site’s community;
- is deceptive, false, misleading or fraudulent;
- enables you to solicit illegal or immoral services;
- contains vulgar, obscene, indecent or unlawful material;
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer or the Site;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Site from using and enjoying the Site and its directories;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- damages, disables, overburdens, or impairs the Site or interferes with any other party's use and enjoyment of the Site;
- is in violation of any applicable law or regulations of any State;
- may cause, damage to the Site or impairment of the availability or accessibility of the Site;
- is in any way unlawful or harmful, or in connection with any fraudulent or harmful purpose or activity;
- is used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Limitations of Liability / Reasonableness
The Proprietor will not be liable to you (whether under the law of contracts, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site nor shall the Proprietor be liable for any of the following:
- any agreement you may enter into with a Consultant or Partner or Customer;
- to the extent that the Site is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if the Proprietor has been expressly advised of the potential loss.
By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable. If you do not think they are reasonable, you must not use this Site.
- Disclaimer; Proprietor
Being a limited liability entity, you accept that the Proprietor has a separate and distinct personality from its owners, officers and employees and that you may not make a claim against said owners, officers and employees personally in respect of any losses you suffer in connection with your use of the Site or any of its connected services. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Site will protect the Proprietor’s owner, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Site.
Nothing in this Site disclaimer will exclude or limit any warranty implied by law that would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit the Proprietor’s liability in respect of any matter which would be illegal or unlawful to exclude or limit, or to attempt or purport to exclude or limit, liability.
Third Party Sites and Products
From time to time, this Site may include links to Third Party Sites (i.e. other websites), offering Third Party Products. These links are provided for your convenience and to provide you with further information. They do not signify that we endorse or offer these Third Party Products. We have no responsibility for the content of the linked Third Party Sites or the competence and quality of their services and products. Customers use these links and their related products and services at their own risk
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You hereby agree to indemnify the Proprietor of this Site against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Proprietor to a third party in settlement of a claim or dispute on the advice of Proprietor’s legal advisers) incurred or suffered by the Proprietor arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
Restricted access; Password; User Name
Access to certain areas of this Site is restricted. We reserve the right to restrict access to other areas of this Site or indeed this entire Site at our discretion.
You may be required to select a username and you may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) that we reject, which we may choose to do in our discretion.
All information you provide in your profile must be accurate.
If this Site provides you with a user ID and password to enable you to access restricted areas of this Site, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation. If you believe your access to or use of the Site has been breached or compromised, please notify us immediately at firstname.lastname@example.org .
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without our prior written consent.
Agreement; Applicable Law
These Terms constitute the entire agreement between you, the Site and its Proprietor in relation to your use of this Site and they supersede all previous agreements in respect to your use of this Site.
Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of the State of Kuwait; and any dispute on the application and interpretation of the Terms shall be referred exclusively to the appropriate courts of the State of Kuwait.
No Warranties on Services, Products and Webpage Content
The Site, access to the Site and the contents (other than the Content provided by Consultants and Partners) therein are provided by the Proprietors on an “as is” basis without any representations or warranties on accuracy, whether express or implied. The Consultant’s use of this Site is entirely at its own risk, for which the Proprietor shall not be liable.
Without prejudice to the generality of the foregoing paragraph, the Proprietor does not warrant that this Site will be constantly available.
If you are a Customer, you understand and agree that we are not responsible for engagement with a Consultant or Partner. Should you decide to engage a Consultant or purchase a Product from a Partner, the terms and conditions regarding your use or receipt of the Services/ Products are as determined and agreed between you and the Consultants / Partners. Except as provided in these Terms, any questions, concerns or disputes that may arise based on your use or purchase of any Services or Products should be addressed with the specific Consultant / Partner and not with the Proprietor.
Consultants / Partners use our Site to host their web pages or list their Services and Products that users of this Site can visit to learn more about their business. We do not control the content of these webpages / lists or the type of information that Consultants / Partners may choose to post, collect or manage using the Site. That information belongs to the respective Consultant / Partner and is used, disclosed and protected by them according to their own privacy policies and is not subject to our control. It shall be your own responsibility to ensure that any Products, Services or information available through this Site meets your specific requirements.
The Proprietor of this Site makes no representations or warranties in relation to this Site or the information and materials provided on this Site by the Consultants / Partners.
No warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose is provided to you, whether directly or indirectly nor do we warrant or guarantee that same is not misleading. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not undertake to monitor the submission of any content to, or the publication of such content on, this Site.
Should you engage a Consultant / Partner to attend a meeting, provide a specific Service or supply you with a product and the provider fails to attend a meeting or deliver the services or products (whether or not same is a Service or Product as defined in the Terms) or the Consultant / Partner otherwise breaches any obligation they may have to you, your sole recourse and remedy is to claim against such Consultant / Partner as the transaction was a private and personal one between you and said Consultant / Partner. You acknowledge and agree that the Proprietor is not a party to such transaction and is in no way liable or responsible for said breach or for any losses you may incur as a result of the same.
The above rule will apply even where you reported to the Proprietor any earlier misconduct or breach committed by the Consultant/Partner or any potential loss to you or whether or not you have demanded and been granted a refund.
Transport of Personal Data
The Proprietor, Consultant and/or Partner may use or transfer your data or information you provide to them, outside of the Site and we are not responsible for any such use or transfer.
If you use this Site and the Mohandisi Design Directories, its content (including without limitation, reviews), a Consultant / Partner listed, or any information provided by Third Party Sites, you do so at your sole risk. The Proprietor reserves its right to avail of the proper legal remedies in case the use of this Site and its content is in violation of the rights of the proprietor.
Should you arrange for a meeting with a representative of the Consultant / Partner, you must act at all times in a professional manner towards them. Any meetings arranged between you and the Consultant / Partner shall be a personal matter or private transaction between you and the Consultant / Partner which you attend at your own risk.
The Proprietor makes no warranty nor does it guarantee that the Consultant / Partner will act according to your requirements or in a professional or competent manner, nor that the Product which is offered or shown to you through the Site or during the meeting would be of the required quality or appropriate for your needs.
The Site and the services offered on the Site by the Proprietor are owned by the Proprietor and shall remain the sole and exclusive property of the Proprietor. The Customer, Consultant and Partner shall have no right or interest in the Site and the services offered by the Site other than as contemplated under the Terms and the Consultancy Services Agreement and Partner’s Agreement. The Customer, Consultant and Partner shall at no time do or permit to be done any act which might prejudice or jeopardize the rights of the Proprietor in and to the Site and the services offered by the Site.
DUTIES OF THE CONSULTANT AND PARTNER
All Consultants are required to enter into a Consultant Services Agreement with the Proprietor.
All Partners may be required by the Proprietor to enter into a Partner’s Agreement with the Proprietor.
As a Consultant or Partner, you are required to monitor your webpage and email address linked to the Site on a daily basis and to respond to Customer inquiries and requests regarding your Service/Product within 48 hours from receiving said enquiries.
If you are listed as a Consultant, the Services you provide should be accomplished in a professional and competent manner according to the highest ethical professional and market standards as may apply.
If you are listed as a Partner, the Products you provide should be of the highest quality and delivered in a professional and competent manner according to the highest ethical and market standards as may apply.
- Payment Terms; Meetings
To the extent they may be fixed, the prices of your Services as Consultant are displayed to users on your behalf, at prices you have chosen based on the minimum and maximum rate provided by the Proprietor.
The prices of the Products are displayed to users which amounts are set by the Partners. To the extent they may be fixed, the prices of the Products listed by you as a Partner are displayed to users on your behalf, with the prices set at your discretion.
For Consultants, unless otherwise prevented by emergency or for good reasons, the Consultant shall agree to meet with a Customer when requested by the latter for purposes of (i) discussing the Consultant’s Services; (ii) delivering a particular Service, provided that the Customer pays to the Proprietor the Consultant’s Fee set for said meeting. All fees for meetings with the Consultant or Services of the Consultant provided by the latter to the Customer shall be paid for by the Customers in advance via K-Net or credit card to the Proprietor.
For Consultants and Partners, all fees for meetings or Services of the Consultant or payment for the purchase of any Products to be sold to the Customer by the Partner, shall be paid by the Customers in advance via K-Net or credit card. The Proprietor shall collect and hold on behalf of the Consultant and Partner all Consultant’s Fees or and/or all payments to the Partner, executed online through the Site. The Proprietor shall make payments collected on behalf of the Consultant and Partner available by check or remit the same to the Consultant’s or Partner’s account within five (5) working days of the occurrence of the following:
For a Consultant:
- a written request for the release of the Consultant’s Fee or any payment is sent by the Consultant to the Proprietor;
- receipt by the Proprietor of the Consultant’s confirmation that the meeting with the Customer was successfully concluded or that the Services were successfully provided, as the case may be; and
- the Proprietor shall release payment to the Consultant after sending a request to release payment to the Customer and the Customer agrees to the release of the payment.
For a Partner: written proof that the Product has been delivered by the Partner to the Customer.
Notwithstanding item (c), the Proprietor may remit the Consultant’s Fee or other payments to the Consultant’s designated bank account if the Customer fails to either confirm or object to the release of payment to the Consultant within 10 days from the date when the Proprietor sends a request to the Customer to release payment to the Consultant.
The Proprietor may include applicable taxes/charges in the price charged to users of this Site or withhold or make deductions from payments due to Consultants and Partner towards the payment of any charge dues under said transactions.
The Consultant and Partners may set the price for the Services and Products in the permitted currencies. Said prices will determine the amount of payment the Consultant and Partner will receive from the Customer as Consultant’s Fee. The Proprietor may include applicable taxes/charges in the price charged to Customers of the Site. The Proprietor may withhold or make deductions from payments due to the Consultant for the payment of any taxes and charges imposed by the State of Kuwait.
The Consultant and the Partner are the merchants of record for the Services or Products listed on the Site. The Proprietor shall not be responsible for any tax liability that may result from any transaction regarding the Services and Products whether or not the transaction was performed by the relevant parties on the Site or by reason of having been retained by the Customer through the Site.
Any meetings arranged between the Consultant and a Customer or by Partner and Customer shall be a private matter or transaction between the Consultant/Partner and the Customer and the parties shall attend the same at his/her own risk. The Site/Proprietor shall not be liable to the Consultant/Partner for any harm or damage that they may suffer during or as a result of any such meeting. The Consultant/Partner agrees herein to be responsible for taking proper precautions in meeting the Customer to ensure their personal safety.
The Customer may wish to retain the Consultant to manage and supervise a project; the Consultant has the option whether or not accept such commission based on the latter’s competence and availability to undertake the project and subject to the payment by the Customer of the Consultant’s Fee in advance according to the terms of this Agreement. After each meeting or calendar booking in relation to a project, the Consultant is required to send the Customer and the Proprietor a report to document the findings of the Consultant and to list the latter’s professional recommendations.
- Bulk Bookings
The Customer has the option to request a bulk booking for site supervision. A request for site supervision shall be considered a bulk booking if the request will require the Consultant to supervise a site for a continuous period of at least fifty (50) hours.
The Consultant has the discretion to agree to bulk booking for site supervision. If the Consultant agrees to the bulk booking, the Consultant shall provide the Services according to the following conditions:
- prior to payment of the bulk booking fee, the Consultant and the Customer shall arrange a meeting free of charge to discuss the scope of work and the deliverables/output expected for the project and the Consultant shall advise the Customer on the suitable number of hours to book based on the needs of the project;
- a specific number of hours to be worked by the Consultant shall be agreed for the Services subject to a minimum of fifty (50) hours and a maximum of one hundred and seventy (170) hours;
- a discounted bulk booking fee rate shall be paid by the Customer to the Proprietor prior to the Consultant providing the Services;
- the Consultant shall perform the agreed hours within a thirty (30) day period (“project term”); and
- the Consultant is required to send the Customer and the Proprietor a report to document the work performed and progress on the project every 5 days during the project and to list any professional recommendations in relation to the project.
The Customer shall pay the agreed Consultant’s Fee to the Proprietor for meetings, creation of New Designs, for bulk or non-bulk bookings or any Services in advance based on a rate set by the Consultant and subject to the minimum and maximum limits set by the Proprietor. In no case and under no circumstances shall the Consultant directly collect fees or payments or expenses for such activities or any Services from the Customer except upon the express written consent of the Proprietor. In the latter case, any amounts collected by the Consultants shall be considered to be held in trust for the Proprietor and shall be immediately turned over to the Proprietor.
- Refund; Additional Hours
If the Customer is dissatisfied with the Services, the Consultant provides and sends a complaint and/or demands a full or partial refund from the Proprietor, the Proprietor shall request from the Consultant a written explanation regarding the Customer’s complaint. The Proprietor shall review the explanation and the complaint and decide based on the facts and circumstances presented to it by the Consultant and the Customer whether or not the Customer is entitled to a full or partial refund of the Consultant’s Fee. It is understood that the Proprietor shall have full and sole discretion to determine whether the Customer is entitled to a full or partial refund. Alternatively, the Proprietor shall have the option to hold the money in trust until such time as the contending parties had resolved the dispute. If any of the parties initiate a court case in relation to the refund, the Proprietor shall have the option to deposit said payment with the Court.
With respect to non-bulk bookings, if the Customer is dissatisfied with the work and cancels the Services without the Consultant having completed the agreed hours, the Customer may be refunded for the portion of the fee which pertain to the unutilized hours. With respect to a bulk booking, if the Customer is dissatisfied with the work and cancels the Services without the Consultant having completed the agreed hours, the Customer shall be refunded not more than 50% of the Consultant’s Fee (as same had already been initially discounted) which pertain to the unutilized hours.
If the Consultant fails to provide a Service paid for by the Customer, the Customer shall be entitled to a refund of the fee paid. In such case, the Proprietor has the option to demand from the Consultant a penalty fee of 5% of the amount refunded if the failure to provide the Service was due to the fault or neglect of the Consultant or where the latter fails to provide just cause for not doing the work. Said penalty shall be charged against payments to the Consultant of the latter’s Consultant’s Fee in any pending or future projects.
If a Customer paid a fee for a meeting, such Customer has the right to request a refund of payment if the Consultant fails to appear for the meeting or is otherwise late for the meeting by more than 30 minutes without having requested to re-schedule the appointment for a later time. In such case, the Proprietor has the option to demand from the Consultant a penalty fee of 5% of the amount refunded to the Customer if the failure to attend the meeting was due to the fault or neglect of the Consultant or where the latter fails to provide just cause for not attending the meeting. Said penalty shall be charged against payments to the Consultant of the latter’s Consultant’s Fee in any pending or future projects.
A Customer may re-schedule a meeting with the Consultant to another time or date at least once so as long as the Customer informs the Consultant at least 2 hours before such meeting. If the Customer fails to do so and the meeting does not occur, then the Customer shall not be entitled to a refund.
The Consultant may not require the Customer to pay for additional hours to complete the project unless the Customer has varied the original scope of work agreed during the initial meeting or otherwise requires that additional work be done.
The refund of payments made by the Customer and the provision by the Consultant of additional hours shall also be subject to the terms of the Consultancy Services Agreement.
- Training Courses
The Consultant may agree to provide special training courses in areas of the Consultant’s expertise subject to such arrangements being made directly with the Proprietor who shall announce the special training course on the Site. Such training courses shall take place subject to there being a minimum number of attendees signed up for the course. The venue of the training shall be at Consultant’s office and the fee of the Consultant for this Service shall be based on a fixed rate which shall be agreed between the Consultant and Proprietor. The Customer shall be refunded the fee paid for the special training course if the course is cancelled after Customer has paid for the course. If the schedule of the course is re-set and the Customer is unavailable under the new schedule, the Customer shall be entitled to a refund of the fee paid for the course.
- New Design / Design Bidding Process
Customer may ask for the Consultant to create a New Design. In such case, the Customer shall be entitled to book a free meeting with the Consultant before the Customer and Consultant agree to the creation of a New Design. During said meeting, the Consultant shall require that the Customer provide a brief about the project and, based on that, the Consultant shall prepare a proposal for the New Design to be delivered to the Customer and the Proprietor. The proposal shall contain the project deliverables, schedules, milestones and the Consultant’s Fee which shall be calculated based on the total number hours. The proposal shall state that creation of the New Design shall be subject to terms and conditions of the Site.
At its option, the Site may offer and activate in the Site a Design Bidding feature that would allow a Customer who wishes to be provided with a new design of a house, building, retail space, commercial area, garden, landscape, etc., the option to refer the same to the Site’s Design Bidding Process. The Consultant has the option to participate in the Site’s Design Bidding Process subject to the Bidding Rules. The Consultant may be required by the Site to pay a registration fee to participate in the Site’s Design Bidding Process. The Proprietor shall not participate as a designer in the Design Bidding Process. The Proprietor shall select, based on its assessment of the submitted bids, which are the top 3 bids and present the same to the Customer within two (2) working days from the bid submission deadline. The Customer has the discretion to choose among the top 3 bids. The Consultant who ultimately wins in the bidding and is engaged by the Customer shall pay a commission to the Proprietor at a rate to be set by the Proprietor when the Design Bidding Feature is activated.
The creation of a new design and procedure for the design bidding process shall also be subject to the terms of the Consultancy Services Agreement.
The Site and the services offered on the Site by the Proprietor are owned by the Proprietor and shall remain the sole and exclusive property of the Proprietor. The Consultant and Partner shall have no right or interest in the Site and the services offered by the Site other than as contemplated under the Terms and the Consultancy Services Agreement and Partner’s Agreement. The Consultant and Partner shall at no time do or permit to be done any act which might prejudice or jeopardize the rights of the Proprietor in and to the Site and the services offered by the Site.