Definitions

• “Envision Virtual Space, LLC.” is the service provider and is hereinafter referred to as the Provider or “we”.
• “The Client” refers to the individual or entity engaging the Provider for design-related services. In certain cases, the Client may also be the End Customer.
• “The End Customer” is the individual or entity that owns the facility for which design services are rendered.
• “Order” means any request for services submitted to the Provider by the Client.
• “Project” refers to the specific scope of design services performed by the Provider for a Client, within an agreed-upon time frame, pertaining to a particular facility.

These Terms and Conditions apply to all transactions between the Client and the Provider. By placing an Order, the Client enters into a legally binding contract for services and agrees to be bound by the following Terms and Conditions.

Agreement to Terms

• By written approval through an email or by signing the estimate, the Client acknowledges and agrees to these Terms and Conditions. The estimate will include a reference or link to these Terms for easy access and review.

Estimates

• Each estimate is valid for fifteen (15) business days from the date of issuance.
• All prices are quoted in United States Dollars (USD).
• Estimates are approximate and are based on the anticipated hours required to complete the Project.
  • If the actual hours worked reach the estimated total and additional hours are necessary for Project completion, work will be paused, and the Client will be promptly notified.
    • Should the Client approve continuation, additional hours will be billed at the agreed hourly rate.
    • If the Client declines to approve additional hours, the Project will be delivered in its current state (“as-is”).
  • If the total hours billed exceed the actual hours required, the Client will receive a refund for the difference or, at the Client’s discretion by written notice, a credit may be applied to a future Project.
  • Any work or new versions requested that fall outside the scope of the original estimate will be billed separately at the same hourly rate.
  • The Provider is not liable for any increases in costs imposed by third-party suppliers, including but not limited to materials, software tools, or hosting services.

Payments

• An initial, non-refundable deposit—specified in the estimate—is required prior to commencement of any design Project.
• The remaining non-refundable payment—calculated based on actual hours worked, including any approved additional hours if necessary—is due before the final design version is handed over to the Client.
• All overseas Clients must pay 100% upfront before starting any design Project.
• Payments must be made via the options mentioned in the invoice.
• Payment in full is due within three (3) business days of the invoice date.
• Payments not received by the due date will incur a $50 administrative fee per invoice.
• If payment remains outstanding ten (10) business days after the invoice date, an additional fee of 5% of the outstanding amount will be applied for each week or part thereof that the balance remains unpaid.
• Final design files will not be handed over until the invoice has been paid in full.
• All work in progress not completed within one (1) month will be invoiced for services rendered to date, regardless of Project status.
• Should the Client request early termination of the Project, payment for all drafts and work completed up to the date of termination will be invoiced as “work to date”.
• The Client is responsible for all payment processing fees charged by the payment provider. These fees will be itemized in the invoice.
• The current payment processing fees for US payments are as follows:
  • PayPal: 3.49% of the total amount, plus $0.49 per transaction
  • ACH Bank Transfer: 1% of the total amount, plus $0.30 per transaction, with a per-transaction cap of $15.00
• If third-party debt collection is required to recover unpaid invoices, the Client shall be responsible for all associated costs, including but not limited to collection agency fees and legal expenses.
• We reserve the right to change our Fees at any time with notice to the Client. By continuing to use our Service after being notified of a change, the Client consents to the change in Fees. To withdraw consent, the Client must discontinue using our Service.

Non-Payment Consequences

• If payments remain unpaid after ten (10) business days, in addition to late fees, the Provider reserves the right to suspend all ongoing services and/or withhold deliverables until payment is received in full.

Cancellation

• The Client may cancel this Agreement by providing a minimum of seven (7) business days written notice to the Provider. Deposits paid prior to cancellation are non-refundable.
• The Provider may cancel this Agreement at any time by providing written notice to the Client. In the event of cancellation by the Provider, completed and paid-for artwork will be provided.
• Work completed and paid for prior to cancellation will be delivered to the Client.

Communication Policy

• The Provider primarily communicates with Clients via email to track Project requirements, revisions, and approvals. Alternative communication methods are available by appointment.
• If the Provider does not receive a response from the Client within twenty (20) business days, the Project will be considered abandoned and may be terminated at the Provider’s discretion.

Amendments and feedback

• After the initial concept is presented, the Client may request modifications. All revision requests must be submitted via email, in accordance with the Communication Policy. Additional revisions beyond the agreed Project scope will be billed at the same hourly rate as the main Project.

Turnaround times

• Estimated turnaround times are two to seven (2 – 7) business days.
• All estimated turnaround times provided by the Provider are approximate and will commence only after the Provider has received:
  • Clear and complete responses from the Client to all outstanding questions or requests for clarification, and
  • The required deposit payment in full.

• While the Provider will make every reasonable effort to meet deadlines, the following factors may affect delivery timing:
  • Additional Hours: If the estimated hours are reached and additional hours are needed to complete the Project, the Provider will notify the Client for approval.
    • If the Client approves the additional hours, turnaround times will be adjusted to account for the approval process and any additional work.
    • If the Client does not approve the additional hours, the Project will be handed over in its current state, and the Provider shall not be held liable for any incomplete or unsatisfactory outcomes.

• Delays caused by awaiting Client responses, delayed payments, approvals, or other circumstances beyond the Provider’s control may also impact turnaround times. The Provider shall not be held liable for any costs, losses, or inconveniences incurred by the Client as a result of such delays or decisions.

Project Approval and Output Quality

• Approval via email is required from the Client before the release of any final Project files. The Provider is not responsible for any errors, including spelling, grammatical, or numerical mistakes, identified after the Client has provided final approval.
• The Client is responsible for providing clear, high-resolution photographs of the site where the pool is to be designed. These images must accurately show the current state of the terrain and relevant elements such as the house, trees, and any existing structures. The Provider is not liable for any limitations, inaccuracies, or quality issues in the final design that result from incomplete, unclear, or low-quality images supplied by the Client. If the Client does not provide adequate site photographs, the Provider may request additional images or clarification before proceeding with the design work.
• All Project deliverables are provided electronically. The Provider is not responsible for print quality or for color variations that may occur between digital files and printed materials.

Guarantees

• The Provider cannot guarantee the outcome of design services, and the Client’s comments about outcomes are expressions of opinion only.
• The Client acknowledges that the Provider cannot guarantee results, as design outcomes are subjective and uncontrollable.

Intellectual Property, Usage Rights and Credit

• Upon full and final payment, the Client is granted non-exclusive, perpetual usage and reproduction rights to the final design for their intended purposes. The Provider retains the right to reuse, modify, resell, or license the final design—including drafts and unused concepts—for other projects or clients, including for previously completed projects (with Client approval where required).
• The Provider may display completed projects, drafts, and images provided by the Client (or their representatives) for promotional purposes, such as portfolios, website showcases, and social media. Should the Client object to the use or display of such images, they are responsible for notifying the Provider in writing; the Provider will make reasonable efforts to accommodate such requests.
• Unused designs, drafts, and concepts not selected and paid for by the Client remain the exclusive property of the Provider and may be resold or licensed for other projects.
• Unauthorized use of any materials is strictly prohibited and will result in legal action, including but not limited to cease and desist orders, claims for damages, and recovery of legal expenses.

Changes to Terms and Conditions and Notification

• The Provider reserves the right to update these Terms and Conditions at any time. Updated terms will apply to new Projects and, where applicable, to ongoing Projects upon reasonable notice to the Client. For Projects completed prior to the update, the updated terms regarding copyright, ownership, and usage rights will not retroactively apply unless explicitly agreed by the Client. Clients with previously completed Projects will be notified of any significant changes to these terms and given the option to opt into the updated terms regarding rights to resell or reuse.
• The Provider will notify all Clients by email or other reasonable means of any material changes to these Terms and Conditions, especially where such changes affect rights to completed Projects. Clients of completed Projects will have twenty (20) business days from the notice date to agree to updated terms regarding resale or reuse, if applicable.
• If any provision of these Terms and Conditions is found unenforceable, the remaining provisions will remain in full force and effect.