Terms of Service and Client Agreement

Last Updated: January 8, 2026

Provided by: ATXDesign LLC

Our Commitment to Clarity & Mutual Safety

Welcome to the ATXDesign Guidelines.

We believe that the best design projects are built on a foundation of clear communication, mutual respect, and shared expectations. We have created these Terms of Service not to complicate things, but to ensure that both you (the Client) and we (the Creative Team) are fully protected and aligned before we start building your vision.

Why do we have these terms?

  1. To Protect Your Project: By clearly defining timelines, revisions, and deliverables, we ensure your project stays on track and within budget.

  2. To Ensure Safety: Construction and renovation are serious undertakings. We want to be crystal clear about the difference between our "Design Concepts" and the "Construction Documents" your builder needs. This keeps everyone safe and compliant with local codes.

  3. To Respect the Craft: These terms protect the intellectual property of our designs and ensure fair compensation for the time and expertise we dedicate to your home.

The Goal: Our goal is to foster a transparent, professional relationship where the only surprises are the happy ones when you see your final design.

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service ("Terms") constitute a legally binding agreement between ATXDesign LLC ("Company", "we", "us") and the Client ("you"). By paying a deposit, signing a proposal, or utilizing our services at www.atxdesign.org, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. SCOPE OF SERVICES & LICENSURE DISCLAIMER

2.1 Services Provided: ATXDesign LLC provides architectural design support, including Photorealistic 3D Rendering, Technical Drafting, As-Built Surveys, and Interior Design and Consultation.

2.2 Design Intent Only (Not an Architect): ATXDesign LLC provides conceptual design and technical documentation for design intent only. We are not a licensed architectural or engineering firm. Our drawings are not construction documents and cannot be used for building permits unless reviewed, approved, and sealed by a Licensed Architect or Professional Engineer (PE) hired directly by the Client.

2.3 Client Responsibility: The Client acts as the Project Manager. It is the Client’s sole responsibility to verify that all designs comply with local zoning laws, building codes, and HOA regulations before construction begins.

3. REVISIONS & SCOPE OF WORK

3.1 Included Revisions: Unless otherwise stated in the specific project proposal, our fees include three (3) rounds of revisions per design phase.

  • A "Revision" is defined as a modification to the existing design concept.

  • A "New Design" (e.g., changing the style entirely after the first draft is delivered) constitutes a change of scope.

3.2 Additional Revisions (Scope Creep): Any revisions requested after the included three (3) rounds, or changes made to items previously approved by the Client, will be billed at our standard hourly rate of $50.00 per hour.

4. PAYMENT TERMS, FEES, AND DELAYS

4.1 Hourly Rate: For work performed outside of a fixed-fee stipend, our standard rate is $50.00 per hour, billed in 60-minute increments.

4.2 Late Fees: Invoices are due upon receipt. Any invoice remaining unpaid after 14 days will incur a late fee of 5% of the total outstanding balance, compounded monthly.

4.3 Project Suspension: ATXDesign LLC reserves the right to stop all work and withhold delivery of any drawings or images if an account is past due.

4.4 The "Ghosting" Clause: If a project is paused by the Client or if the Client fails to provide feedback for a period exceeding 30 days, the project will be considered "Dormant." To reactivate a Dormant project, a Reactivation Fee of $150 may be charged to cover administrative time.

5. INTELLECTUAL PROPERTY & USAGE RIGHTS

5.1 Definition of Content: "Content" refers to all visual and technical assets produced by ATXDesign LLC, including 3D renderings, floor plans, CAD files, and digital models. ATXDesign LLC is the sole and exclusive owner of all Content.

5.2 Client License (Your Rights): Upon full payment, ATXDesign LLC grants the Client a Limited, Non-Exclusive License to use the Content to:

  • Construct the project at the single, specific address listed in the proposal.

  • Market the property for real estate sale or rental.

  • Share on personal social media.

5.3 Restrictions (What You Cannot Do): The Client may not:

  • Resell the design to third parties.

  • Reuse the design for a second property without paying a Re-Use Fee.

  • Alter or remove watermarks from final images without permission.

5.4 Third-Party Dealers (Contractors & Realtors): General Contractors, Builders, and Real Estate Agents ("Dealers") may share our work on social media or websites ONLY IF they clearly credit "Design & Visualization by ATXDesign LLC" in the first line of the caption. Dealers may not imply they created the visuals. Unauthorized use is subject to a retroactive licensing fee of $500 per image.

5.5 Source Files: The Client pays for final deliverables (PDFs, JPEGs). The Client is not entitled to editable source files (.DWG, .RVT, .SKP) unless specifically agreed upon in writing and subject to an additional File Release Fee.

6. 3D RENDERING & ACCURACY DISCLAIMERS

6.1 Artistic Representation: 3D Renderings are artistic interpretations. Exact matches for paint colors, wood stains, and fabric textures cannot be guaranteed due to screen variations and material dye lots.

6.2 As-Built Accuracy: For As-Built surveys, we use professional measuring tools to document existing conditions. However, our drawings represent "reasonable accuracy" for design purposes. The General Contractor must field-verify all critical dimensions prior to ordering materials. ATXDesign LLC is not liable for fabrication errors resulting from unverified dimensions.

7. PRIVACY POLICY & YOUR DATA RIGHTS

7.1 Our Commitment to Your Privacy ATXDesign LLC respects your privacy. We understand that by hiring us, you are inviting us into your home and sharing personal financial details. We are committed to protecting that trust.

7.2 Information We Collect We collect information necessary to perform our services, including:

  • Identity Data: Name, username, or similar identifier.

  • Contact Data: Billing address, project address, email address, and telephone numbers.

  • Financial Data: Payment card details (processed securely via third-party processors like Stripe or QuickBooks; we do not store raw credit card numbers).

  • Project Data: Floor plans, photos of your personal residence, and family requirements needed for design planning.

7.3 How We Use Your Information We use your data strictly for:

  • Delivering the services you purchased (Drafting, Design, Rendering).

  • Processing payments and sending invoices.

  • Coordinating with third-party vendors (e.g., giving your address to a cabinet maker for delivery) with your consent.

  • Internal record keeping and tax compliance.

7.4 YOUR RIGHTS (The "Data Bill of Rights") In accordance with U.S. privacy standards, you have the following rights regarding the personal data we hold:

  • The Right to Access: You may request a copy of the personal data we hold about you at any time.

  • The Right to Correction: If your information (e.g., billing address or name) is incorrect, you have the right to request immediate correction.

  • The Right to Deletion ("The Right to be Forgotten"): Upon completion of the project and full payment, you may request that we delete your personal contact information from our active systems, provided we are not required to keep it for tax or legal liability purposes.

  • The Right to Opt-Out: You may unsubscribe from our marketing emails or newsletters at any time by clicking the "Unsubscribe" link in the footer of our emails.

7.5 Visual Privacy (Photos of Your Home) We recognize that photos of your interior space are sensitive.

  • Anonymity: When using project photos for our portfolio, we will never publish your specific street address or family name without written permission.

  • Security: We take reasonable precautions to ensure floor plans shared online do not reveal security vulnerabilities or precise entry points linked to a public address.

7.6 Data Security We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way. Access to your personal data is limited to employees, agents, contractors, and other third parties who have a business need to know.

8. INDEMNIFICATION & LIABILITY

8.1 Indemnification: You agree to defend, indemnify, and hold harmless ATXDesign LLC from any claims, damages, or expenses arising from:

  • Your violation of these Terms.

  • Construction errors or structural failures resulting from the use of our conceptual drawings without engineering verification.

  • Any claim that your use of our designs caused damage to a third party.

8.2 Limitation of Liability: To the fullest extent permitted by law, ATXDesign LLC’s total liability shall not exceed the total fees paid by the Client to ATXDesign LLC for the specific service in dispute. We are not liable for consequential damages, lost profits, or construction delays.

9. DISPUTE RESOLUTION & GOVERNING LAW

9.1 Dispute Resolution: In the event of a dispute, parties agree to attempt informal resolution for thirty (30) days. If unresolved, the dispute shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in Westchester County, New York.

9.2 Governing Law: These Terms shall be governed by the laws of the State of New York.

10. GENERAL PROVISIONS

10.1 Force Majeure: ATXDesign LLC is not liable for delays caused by acts of God, war, natural disasters, or other causes beyond our reasonable control.

10.2 Entire Agreement: These Terms, along with your specific Project Proposal, constitute the entire agreement between you and ATXDesign LLC.