ANNEXURE -1 TERMS & CONDITIONS OF AGREEMENT
The terms and conditions stated below are applicable to all projects which CDA engages in. It is agreed that all customers who have accepted the quote and engaged us to work on their project have read, understood and agreed to these terms and conditions.
- Payment of deposit indicates acceptance of these terms and conditions as per the “Payment Terms” paragraph on the quotation.
- CDA will only hand over drawings and documentation when full payment has been received from client.
- CDA will invoice the client at the completion of each stage as noted in the quotation and full payment will be required once project drawings are completed and prior to lodgment.
- Additional work not included in the quotation and variations including design, drafting, consultancy and site visits will be undertaken at CDA’s standard variation rate of $120+ gst per hour.
- Should the duration of the project or the scope of work or design be extended for any reasons whatsoever by the client, an equitable and reasonable extension of time will be granted to CDA to complete the work and any additional costs incurred by CDA will be charged at standard hourly rates to the client, unless otherwise agreed to in writing prior to any work being started.
- Should the client delay progression of their project for longer than 14 days period due to personal circumstance or due diligence then the client will be required to pay all fees incurred proportionate to the work completed of any given project stage.
- All projects with Preliminary Design Service included, allows for 2 rounds of design amendments unless otherwise stated. Design changes allows for minor design adjustments and feedback from client and does not allow for change of scope from the initial brief. If you would like a complete design change/design option CDA can perform this scope of works based off our standard design rate of $120+ gst per hour.
- Design changes can only occur during the Preliminary Design phase or Design Consultation Phase. Design changes after Preliminary Design or Design Consultation phase has been signed off and drawings have progressed to the next stage will incur additional charges.
- If client would like CDA to attend any council meetings or Site visits standard hourly rate charges will be charged.
- CDA allows for only 1 initial face-to-face site visit and design consultation with clients unless otherwise specified or requested in the quote. CDA has the ability to utilize Screen Sharing software to allow us to virtually simulate the experience of a face-to-face meeting. There is no limit as to how many virtual meetings can take place.
- CDA guarantees council approval for all projects as long as the Designer endorses the design in terms of council approval and that the client’s original design requests satisfy all Australian standards, Council regulations, R Codes and BCA requirements.
- CDA does not guarantee that the client’s project will be passed or approved by the relevant Council with regards to Planning Approval Applications and Building Permit Applications for any project that isn’t endorsed by the Designer or which does not satisfy Australian standards, Council regulations, R Codes and BCA requirements – CDA will give professional advice and notify client of the likelihood of approval.
- CDA may include a fee for Planning Approval / Development Approval documentation in the quote however sometimes the formal application to council may not actually be required. In this case CDA will still require payment from the client to cover the work that has been completed as Planning / Development Approval documentation is still required to be completed as part of the overall Building License drawing set.
- CDA can submit drawings to council for approval and attend meetings with council on behalf of the client if the client requests so in writing however CDA will quote and charge an additional nominal fee for providing this service unless stated otherwise on your quote.
- Attending Council meetings or Site Visits is not included in the standard service fee unless stated otherwise. Any meeting requests by client will be charged at standard hourly rate. Any site visits outside of Brisbane area will be charge standard hourly rate and client agrees to pay travelling cost, accommodation or any additional cost incur during visits.
- Notify CDA if you would like hard copies of your plans and CDA will provide you a quote unless stated otherwise on your quote.
- It is a condition of CDA’s engagement that CDA shall not be liable for any liability or loss to the extent that it is the fault of CDA’s Client or other parties other than CDA.
- CDA always aims to deliver the drawings on time, and produce high-quality drawings acceptable for lodgments and Construction. However, CDA doesn’t guarantee an error-free drawing and on-time delivery for some instance.
- The client is required to make full payment of all invoices within 7 days after drawings have been completed regardless of whether client wants or needs the drawings.
- Drawings will not be released to the client until payment has been made in full to the CDA.
- The property in the services shall not pass to the Client until all sums due or owing to CDA by the Client on any account whatsoever have been paid. Such sums shall not be treated as being paid until any cheque, Bill of Exchange or other instrument of payment given by the Client has been met on presentation or otherwise honored in accordance with its terms.
- All design devices remain the property of CDA at all times and cannot be reproduced without the prior consent of CDA except where the design devices have been specifically licensed and paid for in full. CDA reserves the right to withdraw the license if the design devices are altered or tampered with.
- If the client fails to make payment within 30 days after the drawings or documentation has been completed, CDA holds the right to appoint the services of a debt collection agency to collect the outstanding fees on behalf of CDA, in which case the client will burden the cost of such services which is calculated at 15% of the total outstanding fee. These fees will be added to the total outstanding invoice for the drafting services provided.
- An Administration Fee will be charged at $30.00 per follow-up of unpaid invoices. All unpaid invoices will also attract a penalty rate of 3% per month until all monies have been paid.
- The Client shall be fully responsible for, and shall indemnify CDA against any and all claims and actions and liabilities falling upon CDA which arise from the publication or use of such information, claims or materials supplied by the Client, which contravene any applicable law, regulation or code of practice.
- CDA may subcontract any of the Services contemplated by this Agreement without the Client’s prior written consent.
- Orders confirmed in writing cannot be cancelled or amended except with the CDA’s prior written consent and on terms which will indemnify CDA against any loss it suffers as a result of such cancellation.
- Each party shall retain all of its Intellectual Property Rights in Material which existed prior to the commencement of this Agreement.
- Notwithstanding any other clause in this Agreement, the parties agree that all Intellectual Property Rights created as a result of the Services shall be owned by CDA until such time that the relevant invoice is paid in full.
- The Client accepts and acknowledges that CDA uses third party service providers for the provision of the Services.
- CDA shall not under any circumstances be liable for any indirect, special, consequential or economic loss, loss of trade or reputation, loss of contracts, revenue, goodwill, profits or other benefits whether arising from breach of contract, negligence or otherwise howsoever. CDA shall be under no liability to the Client for any loss occasioned by the failure of the Client to comply with any instructions given by CDA whether written or oral in respect of the service or as a result of the misuse of the service by the Client.
- CDA shall be under no liability whatsoever for any delay or failure in the performance or any of its obligations due to causes beyond its control including without limitation from non-delivery or delays in delivery of any service due to or resulting by war, strikes, lock outs, fire, floods, explosion, government restrictions, inability to obtain materials or labour or act of God.
- CDA can cancel immediately any outstanding order if the Client fails to make any payments outstanding on previous orders delivered and not paid within its terms.
- If the client exits the project early and/or before the completion of any stages as quoted, then CDA reserves the right to invoice the client for all hours spent on the project.
- The construction, validity and performance of the Contract shall be by the laws of Australia and the parties hereby submit to the non-exclusive jurisdiction of the Australian Courts.
- In accordance with taxation law, a 10% good and services tax will be added to all fees.
- CDA’s hours of operation is 8:30am – 5:00pm Monday to Friday and will try their best to arrange a time that is convenient for all clients however CDA cannot always guarantee that we will be available after hours to do meetings or site visits.
- This site is owned and operated by CDA. Any and all material which appears on this site, including text, logos, graphics, images, photographs, icons, site design, graphics and other material (collectively the “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws.
- By entering and using this site you agree not to replicate or copy this site or any of the information contained within it, break the terms that you have agreed or enter the site other than through the designated public and secure access presented to you as a first time user or a member.
- Liabilities and Insurance
CDA sole liability shall (at its option) be the replacement of the Goods concerned or the refund of the price paid to the CDA in respect of the Goods concerned. CDA shall not under any circumstances be liable for any indirect, special, consequential or economic loss, loss of trade or reputation, loss of contracts, revenue, goodwill , profits or other benefits whether arising from breach of contract, negligence or otherwise howsoever. CDA shall be under no liability to the Client for any loss occasioned by the failure of the Client to comply with any instructions given by the CDA whether written or oral in respect of the Goods or as a result of the misuse of the Goods by the Client.
CDA shall (to the extent permitted by law) not be liable for any loss or damage however caused unless such loss or damaged is caused by the failure of the CDA to exercise reasonable care and skill in the provision of the Services.
If CDA is ever proven to be liable, then such liability shall always be limited to the amount paid by the Client to the CDA for the Services contemplated by that Quote or by the amount specified in the relevant Quote.
CDA Each Indemnity in this Agreement is a continuing obligation separate and independent from any other obligation and survives the termination of this Agreement.
Neither party shall be liable to the other party in any circumstances for special, consequential, indirect or economic loss including but not limited to loss of revenue, loss of profit, loss of production, loss of business, loss of anticipated earnings, loss of the use or value of any data or the like.
Professional Indemnity Insurance
CDA holds professional indemnity insurance for not less than the amount stated in the quotation of any one occurrence or series of occurrences arising out of any one event.
CDA shall maintain such insurance until practical completion of the project provided such insurance is available at commercially reasonable rates and generally available in the insurance market to CDA.
- Trust &Co-Operation
The Client and CDA shall be expected to work together in a spirit of mutual trust and co-operation. In relation to the Services, either party shall advise the other upon becoming aware of;
a need to vary the Services, the Timetable and/or the fees and/or any other part of the Quotation;
any incompatibility in or between any of the Client's requirements in the Brief; or between the Brief, any Client's instruction, the Construction Cost, the timetable and/or the approved design; or any need to vary any part of them;
any information or decisions required from the Client or others in connection with performance of the Services;
a need to appoint Consultants or other persons, other than those named in Schedule 4, to design or carry out any part of the Services or provide specialist advice or additional inspection services in connection with the Project; and the parties shall agree how to deal with the matter.
CDA shall identify professional services which require the appointment of consultants. Such consultants may be nominated at any time by either the Client or CDA subject to acceptance by each party.
The Client shall appoint and pay the nominated consultants.
The consultants to be appointed at the date of the Appointment and the services to be provided by them shall be confirmed in writing by CDA to the Client
The Client shall appoint and give authority to CDA as Lead Consultant in relation to all consultants however employed. CDA shall be the medium of communication an instruction between the Client and the consultants, co-ordinate and integrate into the overall design and services of the consultants, and require reports from the consultants.
The Client shall hold each consultant however appointed and not CDA responsible for the competence and performance of the services to be performed by the consultant and for the general inspection of the execution of the work designed by the consultant.
- Suspensions of Services
The Client may suspend the performance of any or all of the services. Notice must be provided to CDA in writing. The notice shall specify the reason and services affected. The Client shall be liable for all fees for Services completed up to and including the date the written notice is received.
CDA may suspend performance of the services and the obligations under the quotation. Notice shall be provided to the Client in writing of the intention and the grounds for doing so, or in the event that the client is in default of payment of any fees or other amount due.
When the reason of the suspension is removed or resolved in writing CDA may resume performance of the services and obligations.
- Force Majeure
CDA shall be under no liability whatsoever for any delay or failure in the performance or any of its obligations due to causes beyond its control including without limitation from non delivery or delays in delivery of any Goods due to or resulting by war, strikes, lock outs, fire, floods, explosion, government restrictions, inability to obtain materials or labour or act of God.
- Legal Interpretation
The construction, validity and performance of the Contract shall be by the laws of Australia and the parties hereby submit to the non-exclusive jurisdiction of the Australian Courts.