LEGAL

Terms & Conditions

Welcome to sharpmarkdesigns.com (the "Site"), operated by SharpMark Designs LLC ("SharpMark Designs," "we," "us," or "our"). By accessing or using this Site, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the Site.

These Terms govern your use of the Site and provide general terms applicable to services offered by SharpMark Designs. Specific projects may also be governed by a separate proposal, agreement, scope of work, or other written agreement between SharpMark Designs and the client. If there is a conflict between these Terms and a project-specific written agreement, the project-specific agreement will control.

Effective Date: August 14, 2026

1. Use of the Site

You may use the Site for lawful purposes and in accordance with these Terms.

You agree not to:

  • Use the Site for any unlawful or unauthorized purpose.

  • Attempt to gain unauthorized access to the Site, its systems, or related services.

  • Interfere with the operation or security of the Site.

  • Copy, reproduce, modify, distribute, or exploit Site content without authorization.

  • Use the Site in a manner that could damage, disable, overburden, or impair the Site or interfere with another person's use of the Site.

SharpMark Designs reserves the right to restrict or terminate access to the Site if we reasonably believe that these Terms have been violated.

2. Architectural and Design Services

SharpMark Designs provides residential architectural and design services, including custom home design, additions, renovations and remodels, construction documents, 3D visualization, and design consultation.

Services are tailored to each project and are defined by the applicable proposal, agreement, or scope of work. Not all services listed on the SharpMark Designs website are included in every project.

Projects may be organized into the following general phases:

Phase 1 – Discovery & Programming: Establish project goals, requirements, site considerations, and overall design direction.

Phase 2 – Concept Design: Develop preliminary design concepts, including floor plans, elevations, massing, and general material direction.

Phase 3 – Design Development: Refine the approved concept and develop the architectural design, materials, and details.

Phase 4 – Construction Documents: Prepare architectural drawings and related documentation suitable for pricing, permitting, and construction, as applicable to the project.

Phase 5 – Bidding & Negotiations: When included in the project scope, assist with contractor bidding, pricing, and related negotiations.

Phase 6 – Construction Administration: When included in the project scope, provide services during construction, which may include site visits, clarification of drawings, review of submittals, and other construction-phase services.

The phases included in a particular project, as well as the specific services and deliverables provided within each phase, will be established in the applicable proposal or agreement. Services outside the agreed scope may be considered Additional Services and billed separately.

3. Service Fees and Payments

Fees for SharpMark Designs services are established in the applicable project proposal or agreement. Unless otherwise stated in writing, the following fee structure applies to new construction projects:

Phase 1 – Preliminary Design: A non-refundable $1,000 design fee is due before preliminary design services begin. This fee includes two sets of revisions, modifications, or alterations to the preliminary design. Additional revisions are considered Additional Services and are billed at $30 per hour.

Phase 2 – Construction Documents: The Phase 2 fee will be mutually agreed upon following completion and Client approval of Phase 1. Unless otherwise agreed in writing, the fee will be calculated at $5 per gross square foot of the approved preliminary design.

For purposes of calculating the Phase 2 fee, gross square footage includes the total area measured from the exterior face of all exterior walls enclosing spaces included in the Construction Document set.

Phase 2 payments will be invoiced at the following completion milestones:

  • 30% upon completion of the foundation plan.

  • 60% upon completion of the floor plans and elevations.

  • 90% upon completion of the building sections and details.

  • 100% upon delivery of the Construction Document set.

Phase 2 includes one set of revisions, modifications, or alterations to the approved preliminary design. Additional revisions are considered Additional Services and are billed at $30 per hour.

Phase 3 – Permitting: Revisions, modifications, alterations, or clarification of the active Construction Document set during the permitting phase will be billed as Additional Services at $30 per hour unless otherwise agreed in writing.

Printing and Direct Expenses: Printing costs will be billed as a direct project expense. Electronic PDF copies of deliverables will be provided at no additional charge.

Additional Services: Additional Services include, but are not limited to, revisions, modifications, or alterations beyond the number included in the applicable phase; changes to an approved design; site visits; and other services outside the agreed project scope. Additional Services will be billed at $30 per hour unless otherwise agreed in writing.

Site visits will be billed at $30 per hour plus applicable travel expenses. Travel expenses are calculated at $1.50 per mile for air travel and $0.75 per mile for automotive travel.

Payment Terms: Invoices are due in full within 30 days of the invoice date. SharpMark Designs may suspend services for unpaid invoices.

4. Deposits, Cancellation, and Refunds

The Phase 1 preliminary design fee of $1,000 is non-refundable and is due before commencement of preliminary design services.

Either the Client or SharpMark Designs may terminate a project for any reason by providing written notice by email at least one week in advance.

Upon termination, the Client is responsible for payment for all services rendered through the effective date of termination. Services rendered will be calculated based on the percentage of work completed within the applicable phase.

Termination will not be effective during the final 10% of the project's estimated completion unless otherwise agreed in writing by both parties.

Any unpaid invoices or amounts due for services performed before termination remain payable following termination.

5. Revisions and Changes to Scope

The number of revisions included in each phase is limited as follows:

  • Phase 1 includes two sets of revisions, modifications, or alterations to the preliminary design.

  • Phase 2 includes one set of revisions, modifications, or alterations to the Client-approved preliminary design.

  • Phase 3 revisions, modifications, alterations, and design clarifications are billed at $30 per hour unless otherwise agreed in writing.

Any revisions, modifications, or alterations beyond the included allowances, or any changes that materially alter the approved design or project scope, will be considered Additional Services and billed at $30 per hour.

Additional Services may affect the project schedule and completion date.

6. Project Information and Client Responsibilities

The Client is responsible for providing accurate and complete information reasonably necessary for SharpMark Designs to perform the agreed services.

SharpMark Designs may rely on information provided by the Client or third-party consultants, including site surveys, geotechnical information, existing-condition information, measurements, and other project documentation.

SharpMark Designs is not responsible for errors or omissions resulting from inaccurate, incomplete, or outdated information provided by the Client or third parties.

The Client is responsible for reviewing drawings and other project materials and promptly notifying SharpMark Designs of requested corrections or changes.

7. Professional Services and Project Limitations

SharpMark Designs' services are limited to the architectural services expressly identified in the applicable project proposal or agreement.

Unless specifically included in writing, the following services are excluded:

  • Detailed plumbing design.

  • Detailed mechanical design.

  • Detailed electrical design.

  • Fire protection layout or design.

  • Civil engineering.

  • Structural engineering.

  • Engineering of large supporting members.

  • Zoning submissions.

  • Permitting submissions and associated fees.

  • Special inspection submissions and fees.

  • Detailed construction cost estimates.

  • Site surveys.

  • Material or exploratory testing.

  • Construction administration.

Structural and electrical information included in architectural drawings may represent design intent or information necessary for permit review and does not constitute structural engineering or detailed electrical engineering services.

The Client is responsible for retaining appropriately licensed professionals when specialized services are required.

8. Intellectual Property

Unless otherwise stated in a project-specific written agreement, the ownership and permitted use of project-specific Work Product will be governed by that agreement.

For projects subject to the Client agreement provided by SharpMark Designs, architectural drawings, plans, specifications, designs, and related materials created specifically for the project ("Work Product") are intended to become the property of the Client upon payment of the amounts due for the applicable services.

Subject to the terms of the applicable agreement, the Client may use, modify, reproduce, distribute, and display the Work Product for the project and may authorize third parties to do so.

SharpMark Designs retains ownership of its pre-existing intellectual property, including general design concepts, methods, processes, templates, standards, know-how, and other materials that were not created specifically for the project.

9. Portfolio and Project Images

Notwithstanding the Client's ownership of project-specific Work Product, the Client grants SharpMark Designs a non-revocable license to use project-related Work Product for portfolio, marketing, promotional, and business-development purposes following completion of the project.

SharpMark Designs will use such materials for these purposes without representing that SharpMark Designs owns the underlying property or improvements.

SharpMark Designs will not intentionally disclose confidential personal information through portfolio or promotional materials.

10. Electronic Communications

Visiting the Site, submitting information through the Site, or communicating with SharpMark Designs electronically constitutes electronic communication.

You consent to receive communications electronically when applicable, including through email, the Site, or other electronic means.

You agree that electronic communications, notices, disclosures, agreements, and other communications provided by SharpMark Designs electronically satisfy applicable legal requirements that such communications be in writing, to the extent permitted by law.

11. Third-Party Websites and Services

The Site may contain links to third-party websites, social media platforms, applications, or services.

These third-party services are not controlled by SharpMark Designs. We are not responsible for their content, availability, security, privacy practices, or terms.

The inclusion of a third-party link does not constitute an endorsement, sponsorship, or affiliation unless expressly stated otherwise.

Third-party services used to support the Site or our business may process information according to their own terms and privacy policies. Additional information regarding personal information is provided in our Privacy Policy.

12. Disclaimer of Warranties

The Site and its content are provided on an "as is" and "as available" basis to the maximum extent permitted by applicable law.

SharpMark Designs does not warrant that the Site will always be available, uninterrupted, secure, error-free, or free of harmful components.

We do not warrant that information presented on the Site will always be complete, current, or accurate.

Information presented on the Site is provided for general informational purposes and does not constitute a project-specific professional opinion, architectural agreement, engineering service, construction contract, or other professional service unless expressly provided under a separate written agreement.

13. Limitation of Liability

SharpMark Designs will exercise reasonable professional care in preparing architectural drawings, including reasonable care regarding dimensions within the established design intent.

SharpMark Designs will not be responsible for dimensional errors or discrepancies resulting from:

  • Inaccurate, incomplete, or omitted information contained in site surveys, geotechnical reports, existing-condition documentation, or other information provided by the Client or third-party consultants.

  • Design changes, modifications, or alterations made by the Client or third parties without the written approval of SharpMark Designs.

  • Contractor errors, construction means and methods, workmanship, execution, or deviations from the approved drawings.

  • Undiscovered or unforeseen site conditions that affect dimensions, tolerances, or construction requirements.

  • Minor dimensional discrepancies falling within customary or industry-standard construction tolerances.

SharpMark Designs will provide reasonable assistance in addressing dimensional discrepancies that arise during construction when those discrepancies are not attributable to the conditions described above.

Nothing in these Terms is intended to relieve SharpMark Designs of professional responsibilities that cannot legally be disclaimed or limited.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SharpMark Designs and its owners, employees, contractors, agents, and service providers from claims, damages, liabilities, losses, costs, and reasonable expenses arising from your unlawful use of the Site, your violation of these Terms, or your violation of another person's rights.

This provision does not apply to the extent that a claim results from SharpMark Designs' own negligence, willful misconduct, or other conduct for which indemnification cannot legally be required.

15. Governing Law and Disputes

These Terms and any project-specific agreement are governed by the laws of the State of Georgia, except to the extent applicable law requires otherwise.

Any dispute relating to these Terms or the applicable project agreement shall be resolved in a court of competent jurisdiction in Georgia unless the parties agree otherwise in writing or applicable law requires a different forum.

16. International Users

The Site is operated from the United States.

If you access the Site from outside the United States, you are responsible for complying with applicable local laws and regulations.

SharpMark Designs makes no representation that the Site or its content is appropriate or available for use in every jurisdiction.

17. Termination and Access Restrictions

SharpMark Designs may suspend or terminate your access to the Site at any time if we determine that you have violated these Terms or if such action is reasonably necessary to protect the Site, our business, or others.

Termination of access to the Site does not affect rights or obligations that accrued before termination or provisions that by their nature should continue after termination

18. Severability and Entire Agreement

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

These Terms, together with any policies expressly incorporated by reference and any applicable project-specific agreement, constitute the agreement between you and SharpMark Designs concerning your use of the Site.

A project-specific agreement may establish additional terms that apply to the professional services provided by SharpMark Designs.

19. Changes to These Terms

SharpMark Designs may update these Terms from time to time to reflect changes to the Site, our services, business practices, or applicable legal requirements.

When changes are made, we will update the Effective Date at the beginning of these Terms.

Your continued use of the Site after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.

We encourage you to periodically review these Terms for updates.

20. Contact Us

If you have questions or comments regarding these Terms and Conditions or a SharpMark Designs project agreement, please contact us:

SharpMark Designs LLC

Email: sharpmarkdesigns@gmail.com

Phone: 478-273-0715

Effective Date: August 14, 2026