KIRSTY VEGAS DESIGN
Terms & Conditions
Last updated: August 2026
These Terms & Conditions apply to design services provided by Kirsty Vegas Design ("Kirsty Vegas Design", "me" or "Designer") to a client ("Client", "you" or "your")."KVD","I", They should be read together with the applicable Client Services Agreement, Proposal, quotation, scope of services orother written agreement issued by Kirsty Vegas Design.
1. Engagement
By accepting a Client Services Agreement, Proposal, quotation or written scope of services, or by instructing Kirsty Vegas Design to commence work, you agree to these Terms & Conditions. The specific services, deliverables, fees and project arrangements applicable to your project will be set out in your Client Services Agreement and/or Proposal. These Terms & Conditions form part of that agreement.
2. Scope of Services
Kirsty Vegas Design will provide the design services specifically agreed in writing. The scope of services may include spatial planning, concept development, design development, documentation, product selection, procurement, styling, construction support or other services as expressly agreed. Services not specifically included in the agreed scope are excluded. Requests for additional services may be accepted at the Designer's discretion and will be charged at the Designer's current hourly rate or as separately quoted. The current standard hourly rate is $185 + GST per hour, unless another rate is agreed in writing.
3. Staged Services
Where a project is undertaken in stages, each stage is an independently commissioned professional service. Kirsty Vegas Design will not be obliged to commence a subsequent stage until: the scope for that stage has been agreed; the Client has approved the relevant fee; and the applicable payment has been received.The Client may choose to pause or conclude the project following completion of any stage. If the Client chooses not to proceed, all fees for services completed up to that point remain payable. Kirsty Vegas Design is not responsible for the design, documentation, procurement, construction or outcome of work undertaken by another designer, consultant, contractor or supplier following completion of the Designer's agreed services.
4. Client Responsibilities
The Client agrees to: provide accurate and complete information about the property and project; provide information and instructions reasonably required by the Designer; provide reasonable access to the property; provide timely decisions, approvals and feedback; ensure that all relevant decision-makers are involved where required; notify the Designer promptly of any changes to the project brief, budget or circumstances; obtain independent professional advice where required; and make all payments by the agreed due dates. Kirsty Vegas Design is entitled to rely on information provided by the Client and is not responsible for errors, delays or additional costs arising from incomplete, inaccurate or late information supplied by the Client.
5. Fees, Invoicing & Payment
Fees will be charged in accordance with the Client Services Agreement and/or Proposal. Unless otherwise agreed in writing: invoices are payable within seven (7) days; GST will be added where applicable; additional services will be charged at the agreed hourly rate or quoted fee; third-party goods and services are payable separately from design fees; and Kirsty Vegas Design may require payment before ordering goods or commencing additional work. Kirsty Vegas Design may suspend services where an invoice remains unpaid. Suspension of services may affect the project programme and does not relieve the Client of the obligation to pay amounts already incurred.
6. Additional Services & Variations
The scope of a project may change as design development progresses. Where the Client requests services outside the agreed scope, or where additional work becomes necessary due to changes requested by the Client, incomplete information, changes to the project, or circumstances outside the Designer's control, the Designer may charge for the additional work. Additional services will be charged at $185 + GST per hour, unless separately quoted. Where practical, the Designer will advise the Client before undertaking significant additional work.7. Project Delays & Pauses Design programmes and estimated completion dates are indicative unless a specific date has been expressly agreed in writing. Kirsty Vegas Design is not responsible for delays caused by the Client, builders, contractors, consultants, suppliers, manufacturers, shipping providers, Council, consent processes, material availability or other circumstances outside the Designer's reasonable control. If a project is paused for more than six months, Kirsty Vegas Design may review the remaining scope and revise future fees where necessary to reflect changes in project complexity, supplier pricing, consultant costs, market conditions, availability or other relevant circumstances.
8. Procurement & Third-Party Goods
Where procurement services are included, Kirsty Vegas Design may source, specify and coordinate the purchase of furniture, lighting, fittings, fixtures, appliances, finishes, artwork, accessories and other goods ("Third-Party Goods") on behalf of the Client. Kirsty Vegas Design may use established supplier and trade relationships to obtain Third-Party Goods at trade, wholesale or other preferential pricing. Unless otherwise agreed in writing, the Client authorises Kirsty Vegas Design to communicate with suppliers and coordinate orders on the Client's behalf. The Client acknowledges that: supplier lead times are outside the Designer's control; availability may change; colours, finishes and natural materials may vary; manufacturers' and suppliers' standard terms may apply; warranties are generally provided by the relevant manufacturer or supplier; and the Designer is not the manufacturer of Third-Party Goods. Kirsty Vegas Design may require a deposit or full payment before placing an order. Once an order has been placed, cancellation or amendment may not be possible or may result in cancellation, restocking, freight or other charges. Where goods are delivered directly to the Client or property, the Client is responsible for checking the goods on delivery and promptly notifying the relevant supplier and Kirsty Vegas Design of any visible damage or discrepancy.
9. Procurement Fees, Trade Discounts, Margins, Commissions & Rebates
Kirsty Vegas Design is committed to transparency in relation to procurement and supplier relationships. Where Kirsty Vegas Design sources or procures goods for a Client, the Designer may receive a trade discount, wholesale discount, margin, commission, rebate, referral fee or other commercial benefit from a supplier. The Designer may retain such benefits.Depending on the supplier and the goods concerned, the Client may receive some, all or none of an available trade discount. The Designer may also apply a procurement fee to goods purchased on behalf of the Client where such a fee is identified in the Client Services Agreement, Proposal or invoice. Any applicable procurement fee will be disclosed to the Client before the relevant procurement service is undertaken. Where a supplier invoices the Client directly, the supplier may separately pay a commission, rebate or other benefit to Kirsty Vegas Design. The receipt of a supplier commission, rebate, discount or other commercial benefit does not alter the Designer's obligation to act with reasonable care and skill in providing the agreed design services.
10. Supplier Relationships
Kirsty Vegas Design may recommend suppliers, manufacturers, tradespeople and other third parties based on experience, suitability, availability, quality, pricing or other project considerations. The Client acknowledges that: Kirsty Vegas Design does not manufacture goods supplied by third parties; supplier warranties and terms may apply; third-party services remain the responsibility of the relevant provider; and supplier availability, pricing and lead times may change. Where Kirsty Vegas Design assists with a supplier issue or warranty claim, additional time spent dealing with that matter may be charged at the Designer's hourly rate unless otherwise agreed.
11. Contractors, Consultants & Construction
Unless expressly included in the agreed scope, Kirsty Vegas Design does not act as the builder, architect, engineer, quantity surveyor, project manager or consenting authority. The Client remains responsible for appointing appropriately qualified contractors and consultants where required. Where Kirsty Vegas Design recommends or coordinates a contractor or consultant, this does not constitute a guarantee of that third party's performance. Contractors and consultants remain responsible for their own work, fees, licences, professional obligations and contractual responsibilities. Kirsty Vegas Design may provide design clarification and construction support within the agreed scope but does not assume responsibility for construction methods, workmanship, site safety or the performance of contractors.
12. Design Approval & Changes
The Client is responsible for reviewing and approving design concepts, plans, specifications, finishes and selections within a reasonable timeframe. Once a design, selection or specification has been approved, subsequent changes requested by the Client may be treated as additional services.Kirsty Vegas Design will not knowingly make material changes to an approved design without the Client's approval, except where reasonable adjustments are required because of site conditions, availability, supplier requirements or other project circumstances.
13. Intellectual Property & Use of Design Work
All intellectual property rights in original design work created by Kirsty Vegas Design remain the property of Kirsty Vegas Design unless otherwise agreed in writing. This includes, without limitation:
drawings; plans; elevations; concepts; mood boards; specifications; schedules; 3D models; renderings; design documentation; written design concepts; and other original design material.
Once all amounts owing to Kirsty Vegas Design for the relevant services have been paid, the Client is granted a non-exclusive licence to use the completed design work solely for the project for which it was created. The Client may not reproduce, sell, transfer, commercially exploit or use the design work for another property or project without the Designer's prior written consent. Editable or native design files are not required to be provided unless expressly agreed in writing. Draft or incomplete design work remains the property of Kirsty Vegas Design and may not be used or relied upon without written approval.
14. Photography, Awards & Promotion
Where the Client has provided consent, Kirsty Vegas Design may photograph, film and document the completed project for: the Designer's website; social media; portfolio use; editorial publication; design awards; marketing and promotional material; presentations; and other professional purposes. The Designer will take reasonable steps to respect the Client's privacy. Where the Client has not provided consent for photography or promotional use, the Designer will not knowingly use identifiable images of the project for those purposes.The Client acknowledges that design awards and editorial publications may have their own requirements and publication timelines.
15. Defects, Errors & Complaints
If the Client believes there is an error, omission or issue with the Designer's services, the Client should notify Kirsty Vegas Design in writing as soon as reasonably practicable after becoming aware of it. The Designer will have a reasonable opportunity to investigate and, where appropriate, remedy the issue. The Designer is not responsible for issues arising from: information supplied incorrectly by the Client; Client-approved changes; work undertaken by third parties; construction methods; workmanship; site conditions that were not reasonably discoverable; products or materials supplied by third parties; or changes made to the Designer's work without the Designer's approval. Nothing in these Terms & Conditions limits any rights the Client may have under applicable New Zealand law.
16. Liability
Kirsty Vegas Design will provide services with reasonable care and skill. To the maximum extent permitted by law, Kirsty Vegas Design will not be liable for indirect or consequential loss, loss of profit, loss arising from delays outside the Designer's reasonable control, or loss arising from the acts or omissions of third parties. The Designer is not responsible for obtaining building consents, resource consents, engineering approvals or other statutory approvals unless expressly included in the agreed scope. Where the Designer prepares documentation for use in a consent or construction process, the relevant authority, contractor or consultant remains responsible for its own statutory, technical and professional obligations. Any limitation of liability in these Terms & Conditions is subject to any rights or obligations that cannot lawfully be excluded or limited.
17. Consumer Guarantees Act
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under the Consumer Guarantees Act 1993 or any other applicable New Zealand legislation. Where the Client acquires services for business purposes and the parties agree in writing that the Consumer Guarantees Act 1993 does not apply, any such agreement will be recorded expressly in the applicable Client Services Agreement or Proposal and will apply only to the extent permitted by law.
18. Confidentiality & Client InformationKirsty Vegas Design will treat information provided by the Client as confidential except where:
disclosure is required to provide the agreed services; disclosure is required by law; information is already publicly available; or the Client has given consent to disclosure. The Designer may share relevant project information with suppliers, contractors, consultants and other project participants where reasonably required to provide the agreed services.
19. Cancellation & Termination
Either party may request that the engagement be brought to an end. If the Client terminates the engagement, the Client remains responsible for: all services completed up to the date of termination; approved work already commenced; committed third-party costs; ordered goods; cancellation or restocking charges; non-refundable deposits; and other reasonable costs incurred as a result of the termination. Kirsty Vegas Design may suspend or terminate the engagement where: invoices remain unpaid; the Client materially breaches the agreement; the project becomes impractical to continue; the Client behaves in a threatening, abusive or unreasonable manner; or circumstances arise that make continued performance unreasonable or impossible. Termination does not affect rights or obligations that arose before termination.
20. Force Majeure
Kirsty Vegas Design will not be liable for delay or failure to perform caused by circumstances outside the Designer's reasonable control. This may include, without limitation: natural disasters; fire; severe weather; illness; government action; strikes; transport disruption; supplier failure; manufacturing delays; shipping delays; material shortages; technology failures; or other circumstances beyond the Designer's reasonable control.Where such circumstances occur, the Designer will make reasonable efforts to notify the Client and minimise the impact on the project.
21. Dispute Resolution
If a dispute arises, both parties agree to first attempt to resolve the matter in good faith through direct communication. The Client should first raise the matter in writing with Kirsty Vegas Design, setting out the nature of the concern and the outcome sought. Both parties agree to give reasonable consideration to resolving the matter before commencing formal proceedings. Nothing in this clause prevents either party from exercising any legal right or remedy available under New Zealand law.
22. Health & Safety
Kirsty Vegas Design will take reasonable care for its own health and safety while attending a property. The Client must advise the Designer of any known hazards, site rules or health and safety requirements relevant to the property. Unless expressly agreed otherwise, Kirsty Vegas Design is not responsible for the health and safety management of construction sites or for the health and safety performance of contractors or other third parties.
23. Privacy
Kirsty Vegas Design will collect and use Client information only for purposes connected with providing services, communicating with the Client, administering the project, invoicing, procurement and other legitimate business purposes. Personal information will be handled in accordance with applicable New Zealand privacy legislation.
24. Entire Agreement
The Client Services Agreement, together with any applicable Proposal, quotation, written scope, approved variation and these Terms & Conditions, forms the agreement between the parties in relation to the relevant services. Any material variation to the agreed scope or fees should be confirmed in writing.
25. Changes to These Terms & Conditions
Kirsty Vegas Design may update these Terms & Conditions from time to time. The Terms & Conditions applying to an existing project will be those accepted by the Client when the relevant engagement commenced, unless the parties expressly agree otherwise in writing. Updated Terms & Conditions will apply to new engagements from the date published.
26. Severability
If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be read down or removed to the extent necessary, and the remaining provisions will continue to apply.
27. Governing Law
These Terms & Conditions and any agreement between Kirsty Vegas Design and the Client are governed by the laws of New Zealand. The parties submit to the jurisdiction of the courts and tribunals of New Zealand.
28. Definitions
For the purposes of these Terms & Conditions:
Client means the person or persons identified in the applicable Client Services Agreement or Proposal.
Designer means Kirsty Vegas Design.
Design Work means original design services and documentation provided by Kirsty Vegas Design.
Third-Party Goods means goods, products, materials, furniture, fittings, fixtures or other items supplied or
manufactured by a third party.
Services means the design and related services agreed between Kirsty Vegas Design and the Client.
Project means the property or design project identified in the applicable Client Services Agreement or Proposal.
Proposal means any written proposal, quotation, estimate, scope of work or fee proposal issued by Kirsty Vegas Design.
Working Day means a day other than Saturday, Sunday or a New Zealand public holiday.
Contact
Kirsty Vegas Design
Auckland, New Zealand
Email: kirsty@kirstyvegas.com
Phone: 022 6802 404
Website: www.kirstyvegasdesign.co.nz