Terms and Conditions
The following terms and conditions are legal contract between an individual user and Alliance Australia regarding the services provided by Alliance Australia.
1. The terms and conditions stated below are applicable to all projects which Alliance Australia 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.
2. Payment of deposit indicates acceptance of these terms and conditions as per the “Payment Terms” paragraph on the quotation.
3. Alliance Australia will only hand over drawings and documentation when full payment has been received from client.
4. Alliance Australia will invoice the client at the beginning of the project and full payment will be required once project drawings are completed and prior to lodgement. Alliance Australia will remove any “draft” stamps on drawings, only after full payment has been made.
5. Additional work not included in the quotation and variations including design, drafting, consultancy and site visits will be undertaken at Alliance Australia’s standard variation rate of $120 including gst per hour.
6. 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 Alliance Australia to complete the work and any additional costs incurred by Alliance Australia will be charged at standard hourly rates to the client, unless otherwise agreed to in writing prior to any work being started.
7. 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.
8. All projects with Preliminary Design Service included, allows for 3 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.
9. Design changes can only occur during the Preliminary Design phase. Design changes after Preliminary Design has been signed off and drawings have progressed to the next stage will incur additional charges.
10. If client would like Alliance Australia to attend any council meetings or Site visits standard hourly rate charges will be charged.
11. Alliance Australia allows for only 1 design consultation with clients unless otherwise specified or requested in the quote. Alliance Australia 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.
12. Alliance Australia 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.
13. Alliance Australia 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 – Alliance Australia will give professional advice and notify client of the likelihood of approval.
14. Alliance Australia 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 Alliance Australia 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.
15. Alliance Australia 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 Alliance Australia will quote and charge an additional nominal fee for providing this service unless stated otherwise on your quote.
16. 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 Melbourne area will be charge standard hourly rate and client agrees to pay travelling cost, accommodation or any additional cost incur during visits.
17. Notify Alliance Australia if you would like hard copies of your plans and Alliance Australia will provide you a quote unless stated otherwise on your quote.
18. It is a condition of Alliance Australia’s engagement that Alliance Australia shall not be liable for any liability or loss to the extent that it is the fault of Alliance Australia’s Client or other parties other than Alliance Australia.
19. Alliance Australia always aims to deliver the drawings on time, and produce high-quality drawings acceptable for lodgements and Construction. However, Alliance Australia doesn’t guarantee an error-free drawing and on-time delivery for some instance.
20. 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.
21. Drawings will not be released to the client until payment has been made in full to the Alliance Australia.
22. The property in the services shall not pass to the Client until all sums due or owing to Alliance Australia 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 honoured in accordance with its terms.
23. All design devices remain the property of Alliance Australia at all times and cannot be reproduced without the prior consent of Alliance Australia except where the design devices have been specifically licensed and paid for in full. Alliance Australia reserves the right to withdraw the license if the design devices are altered or tampered with.
24. If the client fails to make payment within 30 days after the drawings or documentation has been completed, Alliance Australia holds the right to appoint the services of a debt collection agency to collect the outstanding fees on behalf of Alliance Australia, 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.
25. All unpaid invoices will also attract a penalty rate of 3% per month until all monies have been paid.
26. The Client shall be fully responsible for, and shall indemnify Alliance Australia against any and all claims and actions and liabilities falling upon Alliance Australia 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.
27. Alliance Australia may subcontract any of the Services contemplated by this Agreement without the Client’s prior written consent.
28. Orders confirmed in writing cannot be cancelled or amended except with the Alliance Australia’s prior written consent and on terms which will indemnify Alliance Australia against any loss it suffers as a result of such cancellation.
29. Each party shall retain all of its Intellectual Property Rights in Material which existed prior to the commencement of this Agreement.
30. 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 Alliance Australia until such time that the relevant invoice is paid in full.
31. The Client accepts and acknowledges that Alliance Australia uses third party service providers for the provision of the Services.
32. Alliance Australia 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. Alliance Australia 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 Alliance Australia whether written or oral in respect of the service or as a result of the misuse of the service by the Client.
33. Alliance Australia 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.
34. Alliance Australia 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.
35. If the client exits the project early and/or before the completion of any stages as quoted, then Alliance Australia reserves the right to invoice the client for all hours spent on the project.
36. 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.
37. In accordance with taxation law, a 10% good and services tax will be added to all fees.
38. Alliance Australia’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 Alliance Australia cannot always guarantee that we will be available after hours to do meetings or site visits.