Terms and Conditions
1. About these terms
These Terms and Conditions govern the use of byvickyong.com and, unless a separate signed agreement says otherwise, all design services provided by [registered business name] trading as By Vicky Ong ("the Consultant") to the client ("you"). If a signed proposal, Scope of Works, or service agreement conflicts with these terms, the signed document prevails.
2. Our services
By Vicky Ong is a feature consultancy. We design the Signature Feature: a defining spatial element such as an entrance facade, reception counter, centrepiece display, or focal wall. The exact deliverables, stages, and exclusions for each project are set out in the Scope of Works or proposal.
Unless expressly stated in the Scope of Works, our services do not include full interior design of the premises, project management, contractor supervision, statutory submissions, or engineering design.
3. Design and build separation
We do not carry out construction or fabrication ourselves. The Signature Feature is built by a contractor or fabricator, which may be one we introduce through our partnership or one you appoint.
The contractor is engaged under a separate contract. We are not a party to it and are not liable for the contractor's workmanship, pricing, schedule, materials, or safety practices.
If we introduce or coordinate with a contractor, this is a convenience and not a guarantee of their performance.
Any design review or site visit we carry out is to check conformity with design intent only and is not an inspection for structural, safety, or code compliance.
4. Proposals, fees, and payment
Quotations are valid for [30] days from the date issued.
Fees are as stated in the proposal or Scope of Works and exclude GST and other applicable taxes unless stated otherwise.
Unless otherwise agreed, a 30-50% deposit is payable on acceptance, and the balance is invoiced by stage as set out in the proposal. Work begins on receipt of the deposit.
Invoices are payable within [14] days. Late payments may incur interest at 1.5% per month, and we may suspend work until overdue amounts are settled.
Out-of-pocket costs (such as travel outside Singapore, printing, sample materials, and physical models) are charged separately and will be agreed with you beforehand.
5. Client responsibilities
You agree to provide timely information, briefs, drawings, brand guidelines, and approvals, and to confirm that you have the right to share any materials you give us. Delays in feedback or approvals may affect the timeline and fees.
6. Revisions and changes
The proposal states the number of design rounds included. Additional revisions, or changes after a design stage has been approved, are treated as variations and charged at our prevailing rates, subject to your written agreement before work proceeds.
7. Timelines
Timelines are estimates and depend on prompt feedback and approvals, third-party inputs, and factors outside our control. We are not liable for delays caused by these factors.
8. Intellectual property
We retain ownership of all concepts, sketches, drawings, methodology, and other design materials until full payment has been received.
On full payment, you receive a non-exclusive licence to use the final approved design for the project it was created for. Unless the agreement says otherwise, we retain copyright and the right to reuse our general methods, know-how, and non-confidential design approaches.
Concepts or proposals presented but not purchased remain our property and may not be used or reproduced without our written consent, including by contractors or other designers.
You are responsible for ensuring that materials you supply do not infringe third-party rights.
9. Portfolio and publicity
Unless you tell us otherwise in writing before the project begins, we may photograph and showcase the completed Signature Feature and related design work in our portfolio, website, social media, and awards submissions. We will not disclose your confidential commercial information and will respect reasonable brand or confidentiality requests.
10. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the project, except where disclosure is required by law or needed to deliver the project to contractors and advisers who are bound by confidentiality. A separate NDA, if signed, prevails.
11. Warranties and limitation of liability
We provide our services with reasonable skill and care. We do not guarantee commercial outcomes such as sales, footfall, or customer response.
Our designs are for aesthetic and spatial purposes. You are responsible for engaging qualified professionals (such as structural, M&E, and fire engineers) and for obtaining all necessary approvals and permits.
To the fullest extent permitted by law, our total liability arising from a project is limited to the fees paid to us for that project, and we are not liable for indirect, special, or consequential loss, including loss of profit or business.
Nothing in these terms excludes liability that cannot be excluded by law.
12. Cancellation and termination
Either party may terminate by written notice of [14] days.
If you cancel, you pay for all work completed and costs committed up to the termination date, and deposits are non-refundable once work has started.
We may suspend or terminate if payments are overdue or if you materially breach these terms.
13. Website use
Content on this website, including text, images, and designs, belongs to us or our licensors. You may view it for personal or business reference but may not copy, reproduce, or use it commercially without our written permission. The website is provided "as is", and we do not guarantee that it will be uninterrupted or error-free. Content is general information and not a design proposal or professional advice.
14. Force majeure
Neither party is liable for failure or delay caused by events beyond reasonable control, such as natural disasters, government action, pandemic restrictions, strikes, or supply chain disruption.
15. General
Entire agreement: these terms and the signed proposal form the entire agreement for the services.
Changes: we may update these terms; the version in force at the time of your engagement applies to that engagement.
Severability: if any provision is unenforceable, the rest remains in effect.
Third parties: a person who is not a party has no right to enforce these terms under the Contracts (Rights of Third Parties) Act 2001.
16. Governing law and disputes
These terms are governed by the laws of Singapore. The parties will first try to resolve any dispute in good faith through discussion or mediation. Failing that, the courts of Singapore have exclusive jurisdiction [or: disputes will be referred to arbitration in Singapore under the rules of the Singapore International Arbitration Centre].
17. Contact Us
Email: hello@byvickyong.com
WhatsApp: +65 8758 7519
Website: byvickyong.com