Terms and Conditions

Last Updated: December 17, 2024

These Terms of Service (“Terms”) govern your access to and use of the services provided by Poised Spaces (“Company,” “we,” “us,” or “our”). By accessing our website or engaging with our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms, our Privacy Policy, and any additional agreements entered into with Poised Spaces.

Scope of Services

Poised Spaces provides professional virtual staging services, including but not limited to digital room design, property visualization, real estate marketing imagery, and related digital rendering services (“Services”). Services are tailored to the specific needs of each Client as outlined in any formal proposals, agreements, or statements of work (“Service Agreement”) agreed upon by both parties.

Acceptance of Terms

By accessing our website or engaging in a Service Agreement with Poised Spaces, you confirm your acceptance of these Terms and agree to comply with all terms, conditions, and policies referenced herein. These Terms apply to all users of the website, including Clients, visitors, and any other parties accessing or using the Services.

Client Responsibilities

You agree to provide accurate, complete, and current property information when requested, including any images, floor plans, or materials necessary to complete the agreed-upon virtual staging Services. You are responsible for obtaining any permissions or rights required for us to use such materials lawfully. You agree not to use Poised Spaces’ website or Services for any unlawful or unauthorized purpose, and you agree to comply with all applicable local, state, national, and international laws.

Intellectual Property Rights

a. Ownership and License

Poised Spaces retains all ownership and intellectual property rights to all pre-existing materials, design tools, software, and creative elements used in the course of providing our Services. Unless explicitly agreed otherwise in writing, all final virtual staging deliverables produced specifically for the Client will transfer to the Client upon full payment. Until payment is completed, all materials, including design drafts and concepts, remain the property of Poised Spaces.

b. Limited License for Client Use

Upon full payment for Services, Poised Spaces grants the Client a limited, non-exclusive, non-transferable license to use the virtual staging deliverables for real estate marketing and listing purposes. Poised Spaces retains the right to use non-confidential project deliverables in our portfolio or marketing materials unless otherwise agreed in writing.

Payment Terms

a. Fees

Fees for Services are specified in the Order confirmation and accepted by the Client. Unless otherwise noted, fees are quoted in U.S. Dollars and are exclusive of applicable taxes, which are the responsibility of the Client.

b. Payment Schedule

Payment terms, including deposit requirements, installment schedules, and due dates, are outlined in the Service Agreement. Failure to adhere to the payment schedule may result in suspension or termination of Services, and Poised Spaces reserves the right to charge interest on overdue amounts at the maximum rate permitted by law.

c. Refunds and Cancellations

Payments for digital virtual staging services are non-refundable once the work has commenced. If the Client chooses to terminate the Service Agreement prior to completion, the Client remains responsible for all fees for work completed up to the termination date.

Confidentiality

Both Poised Spaces and the Client agree to treat all information provided by the other party as confidential unless explicitly stated otherwise. Poised Spaces will not disclose Client property information to any third party except as necessary to perform the Services or as required by law. Confidentiality obligations survive termination of the Service Agreement.

Disclaimer of Warranties

The virtual staging Services and deliverables are provided on an “as-is” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Poised Spaces does not guarantee that the virtual staging will exactly match physical property characteristics or meet the Client’s subjective design preferences.

Limitation of Liability

To the maximum extent permitted by law, Poised Spaces shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use of our virtual staging Services or deliverables. Our liability in any case shall be limited to the amount paid by the Client for the specific Service giving rise to the claim.

Termination

a. Termination by Client

The Client may terminate the Service Agreement by providing written notice to Poised Spaces. Termination does not absolve the Client from paying for all work completed or in progress up to the termination date.

b. Termination by Poised Spaces

Poised Spaces reserves the right to suspend or terminate Services immediately in the event of non-payment, breach of these Terms, or other just cause.

Governing Law

These Terms shall be governed by the laws of Puerto Rico, a territory of the United States, without regard to its conflict of laws principles. Any disputes shall be resolved through binding arbitration in Puerto Rico, except where prohibited by law.

Contact Information

For any questions or concerns regarding these Terms, please contact:

Poised Spaces Email: info@eljanstudio.com