1. You can accept the fee proposal by signing the acceptance box. Upon signing the document you acknowledge that you have by your actions accepted this fee proposal and our terms of engagement. Once accepted, the fee proposal and terms of engagement stated here will constitute the agreement between us in respect of our services.
2. In this Agreement a reference to “you” or “your” includes a reference to the company or organisation that you represent.
3. This agreement and other private information about our respective businesses are confidential. Each party must keep the confidential information of the other party secret and must protect and preserve its confidential nature and not use it or disclose it to any other person except with written consent of the other party or to the extent necessary to comply with the law or obtain professional advice, and/or to provide the services.
4. Obligation to pay our fees: You agree to pay our fees on time and in full in accordance with this agreement. You acknowledge that our fees are not success fees and that our fees are payable in full even if you are unsuccessful in obtaining the desired outcome.
5. Timing of payment: Payment is due within 14 days of the invoice date. Progress accounts will be rendered as deemed appropriate by us. Overdue payments will incur interest at a rate of 1.5% per month until the date of payment and must be paid at the same time as the relevant invoice. If accounts are 30 days or more outstanding we may, without prejudice to our rights, suspend or cease work until payment in full is received.
6. GST: You must pay GST on a taxable supply made to you in addition to our fees (excluding GST) at the same time and in the same way as you are required to pay our fees.
7. Standard and timing of services: We will ensure that all services are delivered with due care and skill and in a professional manner. We will provide all services on time provided that you promptly provide us with the necessary information, instructions and feedback. We are not responsible for any delays caused by you or by third parties or by events beyond our reasonable control.
8. Our liability to you: If any of the consumer guarantees in the Australian Consumer Law apply to our services we limit our liability, at our discretion, to the supply of the relevant services again or the payment of the cost of having those services supplied again. Our liability to you for breach of agreement, negligence, breach of statutory duty or any other cause of action (other than a breach of an applicable consumer guarantee) is limited, regardless of how that liability is caused, in aggregate to the total fees paid by you for the relevant services. In no circumstances will we be liable for indirect or consequential losses including without limitation any holding costs, loss of profits or loss of opportunity.
9. Our liability for third parties: We are not responsible or liable for the actions or decisions of local government or for the actions of third parties including without limitation architects and other service providers engaged by you or by others on your behalf. We are not responsible or liable for errors in plans, specifications, documentation or other advice or material not prepared by us.
10. Termination: We may at our discretion suspend or terminate this agreement if you fail to give us adequate and timely instructions or if you are insolvent or have ceased or are about to cease carrying on business. If the services are terminated then, without prejudice to our rights under this agreement or at law, you must immediately pay all applicable fees and all reasonable costs and expenses incurred by us up to the termination date.