In 2011, Mandi Wise used her degree in architecture and diverse experience in the field of design, to create a multidisciplinary business that nourishes her passion for residential architecture, graphic design, and furniture design. As a mom of four, Mandi often draws from her family experiences when designing. She specializes in creating sustainable, modern aesthetics and embraces an empathetic partnership with her clients.
“I hired OYL design to review options for a new kitchen in my home. Mandi was very engaged and asked all the right questions at the beginning to get a sense of my lifestyle and how I use my home. She gave me creative, clear solutions and was easy to work with. She provided input on conceptual designs, style, colors, lighting, flooring appliances and vendor selections.
Mandi has also helped re-design my family room and provided design ideas for my finished basement. She has made my home overall more functional and beautiful. Experience matters and she has it in spades. I highly recommend OYL design for any interior design project.” - T. Dodson, Ann Arbor MI
“OYL design is a high-quality, knowledgeable design firm that I would highly recommend. I engaged OYL design in a project involving my living room and home office, and the results were exceptional. Mandi provided me with innovative ideas, tools for thinking strategically about my spaces, and connections to high quality vendors. My rooms would not have turned out as inviting, peaceful and comfortable as they did without Mandi's help and encouragement.” - P. Sheagren, Ann Arbor MI
“Mandi is wonderful! She is intelligent, has a great eye and design skills and is such a pleasure to work with! She is always on top of her projects and very thorough. I highly recommend her to design your projects!” - A. Burkett, Ferguson Enterprises, Ann Arbor MI
“Mandi is wonderful! I have worked with her on several projects in our home and have always been very pleased with the results. She is friendly, professional, knowledgeable and very easy to work with.” - L. Bhirdo, Frankenmuth MI
“OYL Design does fantastic work! Love the eye for simple style and clean lines. Minimalist at its best! Thank you!” - M. Allen, Traverse City, MI
“As a tile contractor, we have worked within OYL Design on several projects. She's excellent at capturing her client's visions and making them a reality. She is easy to work with and we always look forward to collaborating with her on projects.” - B. Curvin, Curvin Tile, Grasslake MI
GENERAL TERMS AND CONDITIONS FOR SERVICES
1. Applicability.
(a) These terms and conditions for services (these “Terms”) are the only
terms that govern the provision of services by Oyl Design, Ltd. (“Service Provider”) to
Customer
(b) These Terms (collectively, this “Agreement”) comprise the entire
agreement between the parties, and supersede all prior or contemporaneous
understandings, agreements, negotiations, representations and warranties, and
communications, both written and oral. In the event of any conflict between these Terms
and the Order Confirmation, these Terms shall govern, unless the Order Confirmation
expressly states that the terms and conditions of the Order Confirmation shall control.
(c) These Terms prevail over any of Customer’s general terms and conditions
regardless of whether or when Customer has submitted its request for proposal, order, or
such terms. Provision of services to Customer does not constitute acceptance of any of
Customer’s terms and conditions and does not serve to modify or amend these Terms.
2. Services. Service Provider shall provide the services to Customer as described in
the Order Confirmation (the “Services”) in accordance with these Terms.
3. Performance Dates. Service Provider shall use reasonable efforts to meet any
performance dates specified in the Order Confirmation, and any such dates shall be estimates
only.
4. Customer’s Obligations. Customer shall:
(a) cooperate with Service Provider in all matters relating to the Services and
provide such access to Customer’s premises, and such office accommodation and other
facilities as may reasonably be requested by Service Provider, for the purposes of
performing the Services;
(b) respond promptly to any Service Provider request to provide direction,
information, approvals, authorizations, or decisions that are reasonably necessary for
Service Provider to perform Services in accordance with the requirements of this
Agreement;
(c) provide such Customer materials or information as Service Provider may
reasonably request to carry out the Services in a timely manner and ensure that such
Customer materials or information are complete and accurate in all material respects; and
(d) obtain and maintain all necessary licenses and consents and comply with
all applicable laws in relation to the Services before the date on which the Services are to
start.
5. Customer’s Acts or Omissions. If Service Provider’s performance of its
obligations under this Agreement is prevented or delayed by any act or omission of Customer or
its agents, subcontractors, consultants, or employees, Service Provider shall not be deemed in
breach of its obligations under this Agreement or otherwise liable for any costs, charges, or
losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly
from such prevention or delay.
6. Change Orders.
(a) If either party wishes to change the scope or performance of the Services,
it shall submit details of the requested change to the other party in writing. Service
Provider shall, within a reasonable time after such request, provide a written estimate to
Customer of:
(i) the likely time required to implement the change;
(ii) any necessary variations to the fees and other charges for the
Services arising from the change;
(iii) the likely effect of the change on the Services; and
(iv) any other impact the change might have on the performance of this
Agreement.
(b) Promptly after receipt of the written estimate, the parties shall negotiate
and agree in writing on the terms of such change (a “Change Order”). Neither party
shall be bound by any Change Order unless mutually agreed upon in writing.
(c) Notwithstanding Section 6(a) and Section 6(b), Service Provider may,
from time to time change the Services without the consent of Customer provided that
such changes do not materially affect the nature or scope of the Services, or the fees or
any performance dates set forth in the Order Confirmation.
(d) Service Provider may charge for the time it spends assessing and
documenting a change request from Customer on a time and materials basis in
accordance with the Order Confirmation.
7. Fees and Expenses; Payment Terms; Interest on Late Payments.
(a) In consideration of the provision of the Services by Service Provider and
the rights granted to Customer under this Agreement, Customer shall pay the fees set
forth in the Order Confirmation.
(b) Customer agrees to reimburse Service Provider for all reasonable travel
and out-of-pocket expenses incurred by Service Provider in connection with the
performance of the Services.
(c) Customer shall pay all invoiced amounts due to Service Provider [on
receipt/within [NUMBER] days from the date] of Service Provider’s invoice. Customer
shall make all payments hereunder in US dollars by [wire transfer/check/[OTHER
PAYMENT METHOD]].
(d) In the event payments are not received by Service Provider within
30 days after becoming due, Service Provider may:
(i) charge interest on any such unpaid amounts at a rate of 1% per
month or, if lower, the maximum amount permitted under applicable law, from
the date such payment was due until the date paid; and
(ii) suspend performance for all Services until payment has been made
in full.
8. Taxes. Customer shall be responsible for all sales, use, and excise taxes, and any
other similar taxes, duties, and charges of any kind imposed by any federal, state, or local
governmental entity on any amounts payable by Customer hereunder.
9. Intellectual Property. All intellectual property rights, including copyrights,
patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks,
trade secrets, know-how and other confidential information, trade dress, trade names, logos,
corporate names, and domain names, together with all of the goodwill associated therewith,
derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all
documents, work product, and other materials that are delivered to Customer under this
Agreement or prepared by or on behalf of Service Provider in the course of performing the
Services, including any items identified as such in the Order Confirmation (collectively, the
“Deliverables”) [except for any Confidential Information of Customer or Customer materials]
shall be owned by Service Provider. Service Provider hereby grants Customer a license to use all
Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-
transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent
necessary to enable Customer to make reasonable use of the Deliverables and the Services.
10. Representation and Warranty.
(a) Service Provider represents and warrants to Customer that it shall perform
the Services using personnel of required skill, experience, and qualifications and in a
professional and workmanlike manner in accordance with generally recognized industry
standards for similar services and shall devote adequate resources to meet its obligations
under this Agreement.
(b) The Service Provider shall not be liable for a breach of the warranty set
forth in Section 11(a) unless Customer gives written notice of the defective Services,
reasonably described, to Service Provider within 180 days of the time when Customer
discovers or ought to have discovered that the Services were defective.
(c) Subject to Section 11(b), Service Provider shall, in its sole discretion,
either:
(i) repair or re-perform such Services; or
(ii) credit or refund the price of such Services at the pro rata contract
rate.
(d) THE REMEDIES SET FORTH IN SECTION 11(c) SHALL BE THE
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SERVICE
PROVIDER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED
WARRANTY SET FORTH IN SECTION 11(a).
11. Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN
SECTION 11(a) ABOVE, SERVICE PROVIDER MAKES NO WARRANTY
WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A)
WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY
AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
12. Limitation of Liability.
(a) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO
CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE
OR PROFIT [R LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND
WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE
FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE.
(b) IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE
AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER
[PURSUANT TO THE APPLICABLE ORDER CONFIRMATION GIVING RISE
TO THE CLAIM].
13. Termination. In addition to any remedies that may be provided under this
Agreement, Service Provider may terminate this Agreement with immediate effect upon written
notice to Customer, if Customer:
(a) fails to pay any amount when due under this Agreement;
(b) has not otherwise performed or complied with any of the terms of this
Agreement, in whole or in part; or
(c) becomes insolvent, files a petition for bankruptcy or commences or has
commenced against it proceedings relating to bankruptcy, receivership, reorganization, or
assignment for the benefit of creditors.
14. Waiver. No waiver by Service Provider of any of the provisions of this
Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No
failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from
this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of
any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof
or the exercise of any other right, remedy, power, or privilege.
15. Assignment. Customer shall not assign any of its rights or delegate any of its
obligations under this Agreement without the prior written consent of Service Provider. Any
purported assignment or delegation in violation of this Section is null and void. No assignment or
delegation relieves Customer of any of its obligations under this Agreement.
16. Relationship of the Parties. The relationship between the parties is that of
independent contractors. Nothing contained in this Agreement shall be construed as creating any
agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary
relationship between the parties, and neither party shall have authority to contract for or bind the
other party in any manner whatsoever.
17. [No Third-Party Beneficiaries. This Agreement is for the sole benefit of the
parties hereto and their respective successors and permitted assigns and nothing herein, express
or implied, is intended to or shall confer upon any other person or entity any legal or equitable
right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.]
18. Severability. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction.
19. Survival. Provisions of these Terms, which by their nature should apply beyond
their terms, will remain in force after any termination or expiration of this Agreement including,
but not limited to, the following provisions: Confidentiality, [Governing Law,] [Insurance,]
[Submission to Jurisdiction,] and Survival.
20. Amendment and Modification. This Agreement may only be amended or
modified in a writing which specifically states that it amends this Agreement and is signed by an
authorized representative of each party.