Terms and Conditions

Welcome to Kiyomi Design Studios. By accessing our website and engaging our services, you agree to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client" or "User") and Kiyomi Design Studios ("Company," "we," "us," or "our") governing your access to and use of the Kiyomi Design Studios website (the "Site") and our architectural and interior design services (the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Site or Services. Your use of the Site or Services constitutes your acceptance of these Terms.

2. Services Provided

Kiyomi Design Studios provides architectural and interior design services, including but not limited to:

  1. Conceptual design and planning
  2. Architectural drawings and specifications
  3. Interior design and space planning
  4. Material selection and procurement
  5. Project management and construction supervision
  6. 3D renderings and visualizations
  7. Consultation services

3. Project Proposals and Contracts

Each project will be governed by a specific proposal and contract outlining the scope of work, deliverables, timelines, and fees. The contract must be signed by both Kiyomi Design Studios and the Client before any work commences. The proposal will outline the specific design concepts and initial project scope. Changes to the proposal after the contract has been signed may result in additional fees and timeline adjustments. Kiyomi Design Studios reserves the right to refuse service to any client or project that does not align with our design philosophy or business objectives.

4. Fees and Payment

Fees for our services will be outlined in the project proposal and contract. Payment terms will also be specified in the contract, typically including an initial deposit, progress payments, and a final payment upon completion of the project. Late payments may be subject to interest charges. Kiyomi Design Studios reserves the right to suspend work on a project if payments are not made according to the agreed-upon schedule. All payments must be made in Japanese Yen (JPY) or South African Rand (ZAR) unless otherwise agreed upon in writing.

5. Intellectual Property

Kiyomi Design Studios retains all intellectual property rights to designs, drawings, and other materials created during the course of a project. The Client will receive a license to use these materials for the specific project for which they were created. The Client may not reproduce, distribute, or modify these materials without the express written consent of Kiyomi Design Studios. The client acknowledges that Kiyomi Design Studios may use the final design for promotional purposes unless otherwise agreed upon in writing.

6. Client Responsibilities

The Client is responsible for providing accurate and complete information necessary for the completion of the project. The Client is also responsible for obtaining any necessary permits and approvals from local authorities. Kiyomi Design Studios is not responsible for delays or additional costs resulting from inaccurate information or failure to obtain necessary permits. The client is responsible for reviewing and approving design documents and specifications in a timely manner.

7. Limitation of Liability

Kiyomi Design Studios is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services. Our liability is limited to the amount paid by the Client for the specific services in question. Kiyomi Design Studios is not responsible for the performance of third-party contractors or suppliers. The client acknowledges that architectural and interior design projects are subject to inherent risks and uncertainties, and Kiyomi Design Studios is not responsible for unforeseen circumstances or changes in site conditions.

8. Termination

Either party may terminate the contract with written notice if the other party breaches the contract. In the event of termination, the Client will be responsible for paying for all services rendered up to the date of termination. Kiyomi Design Studios reserves the right to terminate the contract if the client engages in unethical or illegal behavior. Upon termination, all intellectual property rights revert to Kiyomi Design Studios.

9. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan and South Africa, depending on the location of the project. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Tokyo, Japan or Johannesburg, South Africa. The client agrees to waive any objections to jurisdiction and venue in these courts.

10. Changes to Terms and Conditions

Kiyomi Design Studios reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on our website, and it is the Client's responsibility to review these Terms periodically. Continued use of our services after any changes constitutes acceptance of the new Terms. The effective date of the most recent version of the Terms and Conditions will be indicated at the top of this page.

11. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Kiyomi Design Studios
(Japan Office) 3-2-7 Kasumigaoka, Shinjuku-ku, Tokyo 160-0003, Japan
(South Africa Office) 12 Van Riebeeck Avenue, Stellenbosch, 7600, South Africa
Email: legal@kiyomidesignstudios.com
Phone: +81 6-9492-8640 (Japan), +27 53944082 (South Africa)

12. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms and Conditions, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to binding arbitration in accordance with the rules of the Japan Commercial Arbitration Association (JCAA) or the Arbitration Foundation of Southern Africa (AFSA), depending on the location of the project. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.

13. Force Majeure

Kiyomi Design Studios shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, labor disputes, or governmental regulations. In the event of a force majeure event, Kiyomi Design Studios shall make reasonable efforts to resume performance as soon as practicable.

14. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the same economic effect.