Providing e-design services offers interior designers numerous advantages, including increased accessibility to clients and the ability to work remotely. However, like any service conducted primarily online, e-design comes with its own set of challenges.

In this article, we go over some of the biggest issues interior designers face when providing e-design services and what their E-Design Services Agreements can say to help mitigate the potential for resulting disputes.

WHAT’S AN E-DESIGN SERVICES AGREEMENT?

An e-design services agreement is a legally binding contract between an interior designer or design firm and a client who seeks virtual or online interior design services. This document outlines the terms and conditions of the design project and sets clear expectations for both parties throughout the design process.

Generally, e-design agreements will cover several of same important elements included in traditional interior design services contracts, such as scope of services, deliverables, payment terms and intellectual property rights. However, the e-design agreement will include other terms that are unique to the virtual design relationship, such as:

• communication protocols,

• data privacy,

• website & third-party disclaimers,

• affiliate link disclosures,

• additional disclaimers, and

• additional terms to supplement a website’s general terms & conditions and privacy policy.

DO CLIENTS NEED TO PHYSICALLY SIGN THE E-DESIGN AGREEMENT?

No, not necessarily. An e-design agreement can be posted on a designer’s website alongside their e-design package offerings, as a separate link that can be clicked through and agreed to prior to purchase, or as a written document that is emailed to the client for their signature. Whatever method is chosen, it’s important that interior designers obtain affirmative assent to these terms before starting the project.

HOW CAN E-DESIGN SERVICES AGREEMENTS HELP DESIGNERS MITIGATE RISKS?

E-design services agreements should be used as a tool that not only fosters clear communication between the parties and set expectations, but also helps interior designers mitigate some of the potential risks of providing virtual design services.

Here’s a list of the most common challenges interior designers face when providing e-design services, and the contract terms that are used to address them.

1. LIMITED PERSONAL INTERACTION

E-design lacks the in-person interaction that traditional interior design services offer. This can make it challenging for designers to establish a deep understanding of the client's preferences, lifestyle, and needs, potentially leading to miscommunication or design choices that do not align with the client's vision.

What the contract should say:

To limit the potential for communication conflicts, it’s helpful to include a “Client’s Obligations” section in the contract that includes, amongst any other responsibilities the designer wishes to list, the duty to provide detailed information concerning their aesthetic and design preferences. For purposes of clarity, this section can also list the types of information the designer may require, which often include:

• full responses to designer’s questionnaire (including design preferences, reference images, etc.)

• detailed responses to additional requests for information by designer

• accurate measurements

• photographs of the project area and architectural details

• any legal limitations

The contract should also make clear that the designer is entitled to rely on the information provided and is not responsible for its accuracy.

If a client is unhappy with the final result, these contract terms may be able to help the parties understand the origin of the problem and/or help them navigate a reasonable resolution.

2. MANAGING CLIENT EXPECTATIONS

Clients may have unrealistic expectations about what e-design services can achieve or may not fully grasp the limitations of virtual design. Managing these expectations and ensuring clients understand the scope of services may be key to preventing disappointments and conflicts.

What the contract should say:

Some ways to control expectations in an e-design agreement, and thereby limit a designer’s exposure, include:

• a detailed scope of work that specifies the included deliverables

• whether additional virtual services or deliverables may be purchased for an additional charge

• disclaiming standard warranties (designer makes no promises as to the outcome)

• disclaiming merchandise warranties (designer takes no responsibilities for the merchandise they may recommend)

• a “designer disclaimer” (images on your site or in the deliverables are only representative of past works or design ideas, and final outcome is the responsibility of the client)

• a “color variation disclaimer” (colors appearing on the deliverables may be different in real life)

These details spell out exactly what’s included in the project, what is not, and what is extra. These terms also help clarify the client’s responsibility for the design outcome, and directs them to refer to manufacturers and suppliers for possible warranties, instead of the designer.

3. DATA SECURITY & PRIVACY

Handling personal information online raises concerns about data security and privacy. Many services providers are subject to some level of data security standards, and this is becoming the norm throughout the United States as more and more states enact their versions of online security regulations. Since the e-design process necessarily involves the electronic exchange of data, interior designers providing virtual services are cautioned to implement measures to protect client data from cyber threats and ensure compliance with relevant data protection regulations.

What the contract should say:

Most online businesses have in place, as a standard practice, a privacy policy and website user terms, which provide website visitors with the terms and conditions that apply to their use of the business’ website. These two sets of terms can, and should, be incorporated into the E-design Agreement by reference. At the very minimum, the following few terms concerning privacy can should be covered:

• clients’ rights to control their data

• how to make a request or complaint about their data

• your company’s security policies

This let’s clients understand your commitment to privacy and security and how they can go about exercising their rights.

4. INTELLECTUAL PROPERTY RIGHTS

As with traditional interior design services, defining ownership and usage rights of design assets and deliverables is a key component of any interior design agreement. But, as with traditional projects, clients don’t always understand who owns what and whether a designer might have limitations on the use of the deliverables.

What the contract should say:

In order to ensure clarity about intellectual property rights, the e-design agreement should cover:

• a description of the designer’s ownership rights to the deliverables

• permission by the designer to the client to use the deliverables for the project

• whether designer seeks rights to use images provided by the client for promotional purposes

5. COMMUNICATIONS CHALLENGES

Effective communication is vital in any design project. In e-design, designers and clients may communicate primarily through email, messaging apps, or video calls. Miscommunication, technical difficulties, delayed responses, or language barriers can hinder the design process and lead to misunderstandings.

What the contract should say:

A communications policy that defines the channels of communication should be clearly defined in the e-design Agreement. In this contract term, designers can:

• specify the technologies that will be used to communicate (e.g., email, video conference, and/or through a specific platform)

• include a statement that the parties will make best efforts to agree on alternative communication methods in the event of technical challenges

• set an agreed upon time-zone for responding to communications or setting meetings

• agree on the language under which the project will proceed

Having a communications policy in place that covers these issues can remind the parties they have an obligation to work together in good faith to resolve potential communications issues, and lessen the opportunity for disappointments.

6. REMOTE SOURCING AND PURCHASING

Last but not least, we arrive at the classic interior design challenge: ensuring delivery of conforming third-party goods and services. Since designers aren’t typically involved in the product sourcing and coordinating aspect in an e-design project, they generally aren’t available to ensure clients receive the right items or to handle other deficiencies. Clients, having chosen the e-design route, are likely entirely aware of this, but may nevertheless experience frustration in the event of missteps or failures by recommended vendors.

What your contract should say:

Reiterating the client’s overall responsibility for the implementation of the design can be done in several ways in the e-design agreement by including language that covers:

• client’s responsibility for verifying that ordered furnishings can be delivered to the project site (e.g., through elevators, doors, passage clearances, and the like)

• client’s responsibility for verifying dimensions and quantities prior to placing orders

• guidelines for taking accurate measurements

• if construction is required, indicating client’s responsibility for engaging all necessary contractors and required permits

• whether the designer offers procurement services for an additional cost

Not only will covering these points help clients experience a smoother procurement process, it will also help limit the designer’s responsibility, or perceived responsibility, for sourcing and procurement issues.

CONCLUSION

While e-design services offer unique opportunities for interior designers, they also present significant challenges.

By addressing these issues in your legal terms and conditions, setting clear expectations, leveraging technology effectively, and maintaining open and transparent communication, interior designers can successfully navigate the complexities of providing e-design services and create inspiring spaces for their clients worldwide.

This article is provided for general informational purposes and should not be construed as legal advice nor as a solicitation of, or advertisement for, legal services. Legal advice is specific to each situation and if you have a legal issue, you should consult a qualified attorney licensed to practice in your state. No actual or implied attorney-client relationship is created by virtue of this article or by your purchase of any templates from the ID Law Shop.

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