These Terms of Service (“Terms”) govern your access to and use of the website https://www.505designus.com and the interior design and remodeling services in the United States provided by 505Design, Inc. (“505Design, Inc.”, “we”, “our”, or “us”). By accessing our website, requesting a quote, approving a proposal, or otherwise engaging our services, you agree to be bound by these Terms and to our Privacy Policy (incorporated by reference).
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” means the entity.
Changes to the Terms. We may update these Terms from time to time to reflect changes in our services or legal requirements. When we do, we will revise the “Effective Date” above. Your continued use of our website or services after the update constitutes acceptance of the revised Terms. Material changes will be highlighted for a reasonable period.
Eligibility. You must be at least 18 years old and capable of forming a binding contract to use our website or engage our services. You may not use our website or services if you are barred under applicable law.
Description of Services. We provide design consultations, conceptual drawings, material sourcing, project management, and construction and remodeling services. Specific deliverables, timelines, and pricing are described in proposals or statements of work (“SOWs”) we present to you. If there is a conflict between these Terms and a signed proposal or SOW, the signed document will control for the specific project.
Estimates, Proposals, and Change Orders. Estimates are based on information available at the time and are not binding. A proposal becomes binding only when accepted in writing by both parties, which may include electronic signatures. Any changes to scope, materials, finishes, or schedule must be documented in a written change order that may adjust price and timeline accordingly.
Client Responsibilities. You agree to provide accurate information, timely decisions, and reasonable access to the property so that work can proceed without delay. You are responsible for securing any approvals from landlords, homeowners’ associations (HOAs), or neighbors. Unless we agree otherwise in writing, you remain responsible for obtaining permits and for compliance with applicable codes, rules, and regulations affecting your property and the planned work.
Scheduling and Delays. We will use commercially reasonable efforts to meet quoted timelines. However, schedules are estimates and may be affected by product availability, inspections, subcontractor scheduling, weather, discovery of concealed site conditions, or events beyond our control. If we are delayed by causes beyond our reasonable control (including force majeure events), schedules will be extended for a period equal to the delay and we will not be liable for resulting damages.
Materials, Substitutions, and Samples. Natural materials vary in color and pattern; samples are representative but not exact. If a specified product becomes unavailable, we may propose comparable substitutions after discussing them with you. Title to materials passes to you upon full payment for the portion of the work to which the materials relate.
Site Conditions and Safety. You represent that the work area is safe and free from hazardous materials. We are not licensed to remediate mold, asbestos, or lead unless explicitly stated; if suspected hazards are discovered, work may be paused until a qualified specialist performs remediation at your expense. You agree to keep children and pets away from work areas.
Payments and Invoicing. Prices are stated in U.S. dollars unless otherwise indicated. We may require a deposit before ordering materials or scheduling subcontractors. Progress invoices may be issued based on completion milestones, time and materials, or other agreed methods. Invoices are due on receipt unless the proposal states otherwise. Unpaid balances may accrue a late fee or interest at the lesser of 1.5% per month or the maximum allowed by law. You are responsible for taxes, permit fees, and disposal fees unless we agree otherwise in writing.
Financing and Payment Methods. We may accept payment by check, ACH, credit card, or other approved methods. Credit card payments may incur a convenience fee disclosed at the time of payment. If financing is offered through a third party, the financing terms are solely between you and the lender.
Lien Rights. To the extent permitted by law, we may exercise lien rights to secure payment for labor and materials furnished to your property. If required, we may serve preliminary notices and record mechanics’ liens consistent with applicable statutes.
Warranties. We warrant that our labor will be performed in a good and workmanlike manner consistent with industry standards. Manufacturer warranties on materials or products are passed through to you. This warranty does not cover damage due to misuse, neglect, normal wear and tear, modifications by others, or conditions beyond our control.
Project Photos and Portfolio Use. We may photograph or film the workspace before, during, and after the project for documentation, quality control, and training. With your consent, we may use non‑identifying photos in our portfolio, marketing materials, social media, and on our website. You may revoke consent at any time and we will cease new uses; previously printed materials may not be recallable.
Intellectual Property in Designs. Unless otherwise agreed in a signed license or assignment, all design concepts, drawings, plans, renderings, and specifications that we create remain our intellectual property. Upon full payment for the design phase, we grant you a limited, non‑exclusive, non‑transferable license to use deliverables solely for the approved project at the property identified in the proposal. You may not reproduce or reuse our designs for other projects without our written consent.
Website Use and Content. Our website is provided for general information and to facilitate communications. You agree not to misuse the website, including by attempting to interfere with its operation, introducing malware, scraping content, or using automated means without permission. Content on the website, including text, graphics, logos, and photos, is owned by 505Design, Inc. or its licensors and may not be used without permission.
Subcontractors and Third Parties. We may engage qualified subcontractors and vendors to perform portions of the work. We remain responsible for project management and for ensuring that subcontractors satisfy applicable insurance and licensing requirements for their scope of work.
Disclaimers. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN A SIGNED PROPOSAL, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT. INFORMATION ON THE WEBSITE MAY BE OUT OF DATE OR INCLUDE TYPOGRAPHICAL ERRORS; WE DO NOT WARRANT ITS ACCURACY OR COMPLETENESS.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 505Design, Inc. AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE WEBSITE OR A PROJECT WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SPECIFIC PORTION OF SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless 505Design, Inc. from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your negligence or willful misconduct; (c) your violation of law; or (d) any third‑party claims alleging that materials you supplied (such as fixtures or custom items) infringed intellectual property rights or failed to meet code requirements.
Suspension and Termination. We may suspend or terminate access to the website immediately if we believe you have violated these Terms, engaged in fraudulent or illegal activities, or created a security risk. Either party may terminate a project for material breach if the other party fails to cure within ten (10) days after written notice. Upon termination, you are responsible for payment for work performed and for non‑cancelable material orders.
Dispute Resolution. Before filing a claim, the parties will attempt to resolve disputes in good faith. If the dispute is not resolved within thirty (30) days, either party may seek relief in small claims court or, by mutual agreement, through mediation or binding arbitration. Any court proceedings will be brought exclusively in the state or federal courts located in Boulder County, Colorado, and the parties consent to personal jurisdiction and venue there. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.
Governing Law. These Terms and any disputes arising out of or related to them are governed by the laws of the State of Colorado, without regard to its conflict‑of‑laws principles.
Notices. We may send notices by email to the address you provide, by posting on our website, or by mail to your last known postal address. You agree that electronic communications satisfy any legal requirements for written communications.
Privacy. Please review our Privacy Policy, which explains how we collect, use, and share information. By using the website or services, you acknowledge that you have read and understand the Privacy Policy.
Miscellaneous. These Terms, together with any signed proposal or SOW, constitute the entire agreement between you and 505Design, Inc. regarding the website and the services. If any provision is held invalid, the remaining provisions will remain in full force and effect. Neither party’s failure to enforce a provision is a waiver of the right to do so later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Provisions that by their nature should survive termination will do so, including payment obligations, intellectual property, warranty disclaimers, limitations of liability, indemnities, and dispute‑resolution provisions.
Contact. Questions about these Terms may be directed to:
505Design, Inc.
4343 N 119th St, Lafayette, CO 80026
Phone: 2109295592
Email: info@505designus.com
Website: https://www.505designus.com
Frequently Asked Questions.
How precise are timelines? Timelines are projections based on known constraints; inspectors’ schedules, custom lead times, and weather can all introduce change. We communicate updates proactively and revise schedules when new information becomes available.
What happens if hidden conditions are found? If we uncover structural or code issues, we will propose a change order describing additional work, materials, and costs. No extra work will proceed without your approval except to secure safety.
Can I supply my own fixtures or appliances? Yes; however, we cannot warrant items we did not procure and additional handling fees may apply. If an item arrives damaged or incompatible, schedule impacts or replacements are your responsibility.
Do you haul away debris? Unless stated otherwise, our proposals include ordinary debris removal related to our scope of work. Disposal fees for extraordinary items (e.g., large concrete pads) may be billed separately.
What if I need to pause the project? We will work with you to reschedule. Storage, restocking, or remobilization charges may apply where materials have been ordered or crews reserved.
Illustrative Examples.
Design Only Engagement: You engage us for space planning, finishes, and renderings without construction. Upon full payment for the design fee, you receive a license to use the deliverables solely for your property. If you later hire a different contractor, the license does not grant them rights to reuse our drawings on a new property without written permission.
Change Order for Unforeseen Condition: During a kitchen remodel, we discover outdated wiring. We provide a change order detailing the scope for electrical upgrades, price, and time impact. Work proceeds once you approve the change order.
“Agreement” means these Terms together with any signed proposal or SOW. “Worksite” means the property where services are performed. “Materials” include fixtures, finishes, cabinetry, appliances, and other goods. “Hidden conditions” means conditions not reasonably observable before demolition or removal of existing finishes.
Typical phases include discovery and consultation; design and selections; proposal and approval; permitting; procurement; demolition; rough‑in; inspection; finishes; punch list; and closeout. Timelines vary by scope and jurisdiction.
Unless expressly stated otherwise, you are responsible for obtaining permits. Where we assist with permitting, you authorize us to act as your agent to submit applications and coordinate inspections. Permit fees and re‑inspection fees are your responsibility.
You will provide reasonable access to the Worksite during normal working hours and ensure adequate utilities (power, water, HVAC) as needed to perform the work. You are responsible for removing or safeguarding valuables and fragile items from the work area.
We will take reasonable steps to protect adjacent areas (for example, floor coverings, dust barriers). However, dust and minor scuffs can occur despite protective measures. You acknowledge that remodeling involves unavoidable disturbances.
We carry appropriate insurance for our operations and require our subcontractors to do the same. Risk of loss for Materials passes to you upon delivery to the Worksite or upon installation, whichever occurs first, except where otherwise required by law.
If you supply Materials, you warrant that they are suitable and code‑compliant. We are not responsible for delays, defects, or incompatibilities arising from Client‑Supplied Materials. Additional handling or storage charges may apply.
Quoted prices are based on then‑current supplier pricing. If supplier prices increase materially before purchase orders are placed, we will notify you and seek approval of a price adjustment or substitutions.
We may store Materials at the Worksite or at a third‑party warehouse. Storage fees, delivery charges, and restocking fees may be billed as pass‑through costs where applicable.
To request warranty service, contact us promptly and provide photos and a description of the issue. Our warranty excludes damage caused by misuse, failure to follow care instructions, improper maintenance, alterations by others, or normal aging of natural materials. Warranty service may be performed by us or by a manufacturer‑authorized technician.
Each party may disclose non‑public information to the other in the course of a project. The receiving party will use such information only to perform its obligations and will protect it using reasonable measures. With your consent, we may reference the project in our portfolio; we will not disclose your full address without permission.
We are an independent contractor. Nothing herein creates a partnership, joint venture, or employment relationship. We are solely responsible for our employees and subcontractors.
During the project and for six months thereafter, you agree not to solicit for employment any employee we assigned to your project without our written consent. This does not restrict general employment advertisements or hiring individuals who independently respond to such ads.
Neither party is liable for failure or delay due to causes beyond its reasonable control, including acts of God, epidemics, pandemics, quarantines, labor disputes, governmental orders, supplier failures, transportation disruptions, or extreme weather. The affected party will provide notice and use reasonable efforts to mitigate impacts.
Any claim arising out of these Terms must be brought within one (1) year after the cause of action accrues, except where a different period is prescribed by law.
If the parties agree in writing to arbitrate a specific dispute, arbitration will be administered by the American Arbitration Association under its applicable rules, and the arbitrator may award individual relief. To the fullest extent permitted by law, disputes will be conducted only on an individual basis and not as a class, consolidated, or representative action.
These Terms are for the sole benefit of the parties and their permitted successors and assigns; they do not create rights for any other person or entity.
If any provision is held invalid, the remaining provisions remain in force. A waiver of a breach is not a waiver of any other breach.
Proposals and change orders may be executed in counterparts and by electronic signatures, each of which is deemed an original and together constitute one instrument.
We are committed to maintaining a safe and healthy work environment. Our crews follow reasonable safety practices, including the use of appropriate personal protective equipment, housekeeping of work areas, and compliance with applicable OSHA guidance. Where feasible, we use low‑VOC products and adopt dust‑mitigation techniques such as plastic barriers, negative‑pressure setups, and HEPA filtration. You acknowledge that temporary noise, odors, vibration, and utility interruptions may occur during remodeling; we will coordinate with you to minimize inconvenience and to schedule disruptive activities at mutually acceptable times. If you or a household member have heightened sensitivities or medical conditions that could be affected by construction activity, please inform us in advance so we can reasonably adjust methods or scheduling. Nothing in this statement expands our obligations beyond those expressly set forth elsewhere in the Agreement, but it explains our general approach to environmental health and safety for residential and commercial remodels.