Product Terms and Conditions
1. Drawing Accuracy
Our drawings are based on the information provided to us by the client. Thus it is the responsibility of the client to ensure the information is correct and accurate. If critical information is missing we won't complete the drawings until it is collected. However, if information is not provided after the first request, that is not critical to ensuring the safe construction of the end product, then we will not reach out to collect this information a second time, and instead opt to include what we feel is best or not include it in the drawings at all.
*The client hereby agrees to release and indemnify Decka Design from any responsibility for damages as a result of inaccurate or missing information in our drawings that were not clearly or accurately provided to us in the planning stages.
2. Underground & Behind Wall Obstacles
We will ask if there are any locations where footings and leadgers aren't desired or can't be set. However, it is still the client's responsibility to ensure that every location where footings and ledger fasteners are being set are clear of utilities, both public and private, and other potential obstacles. This also means it is the client's responsibility to apply for locates regardless of whether it is necessary by law or not. Our designs will leave a margin to allow for the offsetting of footings and ledger fasteners to avoid said obstacles. The specific margins for each project is stated on the drawings.
*The client hereby agrees to release and indemnify Decka Design from any responsibility for damages resulting from footing or ledger installation.
3. Faulty Installation
Our drawings and designs provide a top-level overview of the critical information needed to complete a given project to local building standards. To construct a deck with our drawings an understanding of how to operate tools, procure materials, and properly fasten components is required. As a courtesy, we provide some deeper-level information to assist our clients in completing their projects properly. However, there will always be procedures that will not be laid out in our drawings, that need to be properly executed in order to complete a project accurately and to code.
*The client hereby agrees to release and indemnify Decka Design from any responsibility for damages resulting from improper installation of the provided plans and designs.
4. Drawing Compliance
The drawings received are to be vetted by the project area's locale building department via permit application to verify all building regulations are met, this is required by law. The drawings should not be used without a review from your municipality. We review the drawings internally for errors before submitting. However, any code compliance or structural issues in the drawings are ultimately the responsibility of your building department to correct or point out for revision.
* The client hereby agrees to only use the provided drawings after they have been vetted by the building department which has jurisdiction over the land that said drawings are to be implemented on. And thus the client also hereby agrees to release and indemnify Decka Design from any responsibility for damages as a result of non code compliant, or non structurally sound drawings.
5. Revisions
After receiving the final drawings, during the following 60 days, the client can request changes to be made. If the changes requested are a result of Decka Design misreading the information provided by the client from the initial form or the follow-up email. Then we will provide as many revisions as needed at no extra cost. Additionally, if the permitting is being done by the client and there is an error in the design preventing it from passing the locale building department's design review, we will also provide as many revisions as necessary at no extra cost. Note that these revision conditions only apply for 60 days from the point the final drawing is received.
However, if changes are requested based on information provided anytime after the follow-up email, then a revision fee can apply. Cost is dependent on the complexity of the revision requested. Note that information requested but not received in the initial form or follow-up email response would count as new information if provided after the follow-up email response.
*The client hereby agrees to allow Decka Design to charge for the revision of a drawing if the reason for the revision is based on information provided after the initial follow-up email has been responded to. If the client does not wish to pay the fee, determined by Decka Design, then they agree to accept the most current drawings as the final product.
* Additionally, the client hereby agrees to accept the drawings received as the final product if no revision requests are made in 60 days from the point the drawings are received.
Payment Terms and Conditions
1. Information Accuracy
After providing the requested information, full payment is required before proceeding. Our form-filling system is responsible for stopping clients from proceeding that we are not able to serve, and for adjusting the final price based on information provided. Note that price adjustment is only for very specific circumstances and that any price adjustment from the advertised price is clearly stated and explained on why the adjustment is being made and how to avoid it.
However, a human is not involved until after payment has been made. Therefore if misinformation is provided or there is a circumstance that we failed to account for in our questioning that results in receiving payment for a project we don't have the expertise or ability to serve. We reserve the right to issue a full refund and deny any responsibility to complete a requested project if we feel we are unable to deliver a quality product.
*The client hereby agrees to release and indemnify Decka Design from any obligation to deliver on a paid-for service after a full refund has been made or attempted to the payee.
2. Lot Coverage
Structure permits require a certain percentage of open space on the property and if the deck to be permitted exceeds the limit of developable area (percentage differs per region), it could be denied by the permitting office requiring a shrinkage of the deck footprint. Unless the client ensures their planned deck will not exceed the developed area limit set by their region's building code before filling out our form. There is no way of knowing that information until our team has had a chance to create the client's site plan.
*If a client chooses to purchase our product without knowing if they can complete the project as requested due to lot coverage restrictions. Then if this condition is true, they agree to a revision fee of up to $150 CAD + hst to redesign the project to fit within lot coverage requirements, or a 90% refund to cancel the product request.
3. Deck to Close to Septic
If the property has its own septic system and the deck to be permitted lies within its clearance range, the local municipality will not allow the construction of said deck as designed without the approval of an engineer and the local sewage department. Even if it is replacing an existing deck in the same spot. In this scenario, the client has two options if they wish to continue with the project. Change the layout to avoid encroaching on the septics clearance range. Or proceed with obtaining approval from a certified engineer and the local sewage department.
If the client wishes to proceed with obtaining approval for the septic encroaching layout it is important to note that approval from the engineer and sewage department will only be granted if it is felt that the proximity of construction will not impact the structural integrity of the footings, or the function of the septic system. And thus approval is not guaranteed.
If Decka Design is not completing the permit for the project in this scenario, then the process of obtaining approval from an engineer and the sewage department would be the responsibility of the client.
However, if Decka Design is completing the permit on the client's behalf, a fee of up to $1,500 CAD + hst will be charged for the process of obtaining approval from an engineer and the sewage department. If the result from this process ends up in a non-approval to encroach on the septics clearance range with the deck construction, there will only be a partial refund of this amount, or no refund at all. Additionally, the initial purchase of the permit material will not be refundable at this point as the material will already have been completed in order to begin the septic clearance analysis. We will however refund the amount received for completing the non-septic portion of the permit application, if the client does not wish to continue with the project given the circumstances. If the client does wish to continue at this stage then the only path forward is to redesign the deck to avoid coming in contact with the septic clearance range. Provided we are given sufficient information on how to redesign the deck. We will do so for a reduced cost of 50% of the original for the permitting material and 0% additional cost for the permit submission provided a refund was not received for the initial permit completion portion.
*The client hereby understands the options presented to them under this scenario and the potential outcomes each option carries. Additionally, the client hereby understands the pricing and refund structure associated with each potential outcome.
4. Refunds
Refunds can be requested at any point along the project timeline. However, the amount refundable will be directly proportional to the completion level of the project at the point of refund request. Therefore once the project is complete internally, there will be no refund available. Alternatively, if the refund is requested before we have had a chance to begin the client's project, then a full refund can be claimed.
Refund requests will not be accepted on the basis of quality. Instead, revisions will be made to the existing drawings at no extra cost, or for a fee. Refer to 5. Revisions under Product Terms and Conditions for more details on our revision pricing structure.
*The client hereby understands that refund amounts are proportional to the amount of work completed for the given project, at the time of refund request. And that refunds are not given out on the basis of quality.