Terms of Sale

1. Services offered

We offer the following categories of Services:

• Renders Only — photoreal exterior and interior visualization without architectural drawings.
• Design Only — architectural and interior design drawings without construction.
• Design + Build — coordinated design and construction, either in-house or through a listed build partner.
• Virtual Design Consulting — hourly or retainer-based design consultation.
• Renovation Packages — fixed-scope renovation services including bathroom refreshes, entry-door replacement, and trim/millwork packages.

The exact scope, deliverables, schedule, and price for your engagement will be set out in a written Service Agreement signed by both parties before work begins.

2. Quotes and estimates

Quotes, estimates, and pricing calculators on the Site (including the cost estimator at /cost-estimator) are indicative and non-binding. Final pricing is established only when a Service Agreement is signed. Estimates are valid for 30 days from the date issued unless stated otherwise.

3. Payment

3.1 Retainer

Most engagements begin with a non-refundable retainer, payable when you sign the Service Agreement. The retainer secures our time on your project and is applied against the first invoice. The exact retainer amount is set out in the Service Agreement.

3.2 Milestone or progress billing

Larger engagements are billed on a milestone or progress schedule set out in the Service Agreement (for example: schematic design, design development, construction documents, permit set, and final delivery). Each milestone invoice is due on the terms stated on the invoice, typically net 14 unless otherwise agreed.

3.3 Payment methods

We accept payment via credit card, ACH, or wire transfer through Stripe. Credit card payments may incur a processing surcharge disclosed on the invoice. Cash and personal check are accepted only by prior written arrangement.

3.4 Late payment

Invoices unpaid 10 days past their due date accrue a late fee of 1.5% per month (or the maximum rate permitted by North Carolina law, whichever is less). We may pause work on any invoice more than 15 days past due and resume only once the account is current.

3.5 Change orders

Any change in scope, deliverables, or schedule must be confirmed in a written Change Order signed by both parties. Change Orders are invoiced separately on the terms stated in the Change Order.

4. Deliverables and intellectual property

4.1 Ownership of deliverables

Upon full payment of all amounts owed under the Service Agreement, we grant you a perpetual, non-exclusive license to use the final deliverables (drawings, renderings, specifications, and project-specific design documents) for the purpose of constructing, marketing, and maintaining the specific project identified in the Service Agreement.

4.2 Retained rights

We retain ownership of all underlying tools, templates, component libraries, reusable design systems, preliminary sketches, draft iterations, and portfolio rights to the work. We may display completed projects on our website, social media, and marketing materials unless the Service Agreement includes an explicit non-disclosure provision.

4.3 Unpaid invoices

All licenses to deliverables are contingent on full payment. If an invoice remains unpaid, deliverables may not be used, distributed, or built from until the account is current.

5. Revisions

The Service Agreement specifies the number of revision rounds included at each phase. Revisions beyond the included rounds, or revisions that materially change scope already approved in writing, are billed as an additional Change Order at our then-current hourly rate or a fixed fee agreed in writing.

6. Schedule and delays

Schedules in the Service Agreement are good-faith estimates based on typical durations. Actual completion dates depend on factors outside our control, including but not limited to: your responsiveness on approvals, permit review timelines, weather, material lead times, labor availability, utility coordination, and third-party inspections. We are not liable for delays caused by any of those factors. We will keep you informed of schedule changes as they arise.

7. Cancellation and termination

7.1 Cancellation by you

You may cancel a Service Agreement at any time by written notice. You remain responsible for:

• The non-refundable retainer;
• All Services performed up to the effective date of cancellation, at the rates and milestones set in the Service Agreement;
• Any out-of-pocket costs already committed on your behalf (permit fees, third-party consultants, rendering credits, etc.).

7.2 Cancellation by us

We may terminate a Service Agreement for cause if you materially breach it and do not cure within 10 days of written notice, or if payment is more than 30 days overdue. On termination for cause, all outstanding invoices become immediately due and we may withhold incomplete deliverables.

7.3 Refunds

Except for the non-refundable retainer, refund eligibility is evaluated per engagement based on Services rendered and costs incurred. There are no refunds on completed deliverables that have been approved in writing.

8. Construction services

When the Service Agreement includes construction services (whether performed in-house or through a partner builder such as Arcadia Construction), construction is governed by its own Construction Contract, Scope of Work, and applicable building codes. Construction warranties, lien rights, insurance requirements, and inspection obligations are addressed in that Construction Contract and not these Sale Terms.

9. Warranties and disclaimers

We warrant that Services will be performed in a professional manner consistent with industry standards for residential design and construction in North Carolina. EXCEPT FOR THE LIMITED WARRANTY ABOVE OR ANY EXPRESS WARRANTY IN A SIGNED SERVICE AGREEMENT, SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Renderings are illustrative representations of design intent. The final built result will vary based on material selection, lighting, site conditions, and construction tolerances.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, THESE SALE TERMS, OR ANY SERVICE AGREEMENT IS LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations do not apply to liability that cannot be limited under applicable law, including gross negligence, willful misconduct, or fraud.

11. Indemnification

You agree to indemnify and hold harmless McGill & Co. Designs, its owners, employees, and subcontractors from any third-party claim arising out of your misuse of deliverables, breach of your representations or covenants in a Service Agreement, or construction performed by a party other than us using our deliverables.

12. Communication and project portal

Project communication flows through the client portal at mcgillcodesigns.com/login, email, and scheduled meetings. Important project information (approvals, change orders, invoices) is considered delivered when posted to the portal or sent to the email address on file. Keep your contact information current.

13. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, severe weather, pandemic, labor stoppage, supply-chain disruption, governmental action, or utility failure. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.

14. Governing law and disputes

These Sale Terms and any Service Agreement are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Wake County, North Carolina. The parties will first attempt to resolve disputes through good-faith direct negotiation for at least 30 days before initiating litigation.

15. Changes to these Sale Terms

We may update these Sale Terms from time to time. The version in effect on the date your Service Agreement is signed is the version that applies to that engagement. Updates to these Sale Terms do not retroactively alter the Sale Terms that govern an already-signed Service Agreement unless both parties agree in writing.

16. Contact

Questions about these Sale Terms or a specific engagement? Email Dylan@McGillCoDesigns.com or call (919) 588-1304.