TERMS AND CONDITIONS

Please read these terms and conditions carefully as they form part of any provided quotation agreement relating to payment of the individual services The Little Brick Studio PTY LTD have been commissioned to perform.

  1. Your acceptance of the provided quotation allows The Little Brick Studio PTY LTD to commence the required documentation for the project nominated in your quotation. Acceptance of these terms and conditions is an acceptance of a legally binding contract.

  2. The Client expressly authorises The Little Brick Studio PTY LTD to act on behalf of the Client for the purpose of making any application, appeal or referral under the Victorian Building Act or the Building Regulations and any other legislation that affects the approval process or the scope of the Design Services.

  3. The Client will have accepted this offer by: -

    1. Returning a signed copy of Letter of Engagement to The Little Brick Studio PTY LTD, and/or

    2. Continuing to provide the Building Designer with instructions after receipt of the Agreement and/or

    3. Allowing The Little Brick Studio PTY LTD to continue to provide services in accordance with this Agreement.

  4. If the Client refuses or neglects to pay the amount of any account, The Little Brick Studio PTY LTD may in addition to any other remedy which may be available against the Client, suspend carrying out any further Design Services pending payment of any account or may terminate this Agreement

  5. Notwithstanding anything contained in point (4) above, if the Client neglects or refuses to pay the amount of any account within the time stated, The Little Brick Studio PTY LTD shall be entitled to charge the Client:

    1. interest at the rate of 9% from the date the account was payable to the date of payment of the account by the Client; and/or

    2. an accounting fee of $44.00 per month on any outstanding monies due to The Little Brick Studio PTY LTD.

  6. The Client shall reimburse The Little Brick Studio PTY LTD for expenses reasonably incurred for the purposes of carrying out the Design Services in accordance with this Agreement such as but not limited to bushfire assessment, energy rating, recent copy of title, building dispensations, permit application fees, build over easement and/or legal point of discharge applications, septic tank applications.

  7. If a change in legislation necessitates a change to the Design Services or there is a change in a fee, charge or payment the difference shall be added to or deducted from The Little Brick Studio PTY LTD's fees.

  8. Where The Little Brick Studio PTY LTD directly engages consultants, which are approved by the client, the fees or costs of the services provided by the consultants are not included in the fees of The Little Brick Studio PTY LTD.

  9. Where the Client does not agree to a consultant being engaged, the following conditions shall apply:

    1. The Client or The Little Brick Studio PTY LTD may terminate the Agreement by notice in writing to the other party.

    2. Where The Little Brick Studio PTY LTD terminates the Agreement, the Client shall pay to The Little Brick Studio PTY LTD and/or consultant the sums due to date in accordance with this Agreement together with a reasonable sum for any work carried out by The Little Brick Studio PTY LTD to the date of termination for which fees have not yet become due and payable pursuant to this Agreement.

  10. The Client shall take all necessary action to ensure that it does not cause The Little Brick Studio PTY LTD to infringe any other person's Moral Rights.

  11. The Client shall indemnify, and keep indemnified, The Little Brick Studio PTY LTD at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against The Little Brick Studio PTY LTD or incurred or become payable by The Little Brick Studio PTY LTD resulting or arising from any claim or infringement of another person's Moral Rights.

  12. Copyright in the Documents prepared by The Little Brick Studio PTY LTD in accordance with this Agreement is owned by the Building Designer and reproduction in whole or in part of the Documents without the permission of the Building Designer will constitute an infringement of copyright in accordance with the provisions of the Copyright Act 1968.

  13. The Client is licensed to only use the Documents prepared by the Building Designer to produce the Works for which they are intended for, at the site to which the design relates, provided that:

    1. the Client has paid all amounts due and payable to the Building Designer in accordance with this Agreement; and

    2. the Building Designer has completed the Design Services commissioned by this Agreement.

  14. Subject to further written permission from the Building Designer, the Building Designer does not grant the Client or any third party a licence to use the Documents other than in accordance with Clause 13 above, including (without limitation) to allow a third party who is a subsequent owner or developer of the site to produce the Works at the site in accordance with the Documents.

  15. The Building Designer's consent to allow a third party who is a subsequent owner or developer of the site to produce the Works at the site in accordance with the Documents shall not be unreasonably withheld but may include payment of an additional sum as determined by the Building Designer.

  16. For the avoidance of doubt, the parties agree that:

    1. The Client shall not reproduce the Documents or reproduce the design on another site without the written consent of the Building Designer which may include payment of an additional sum as determined by the Building Designer.

    2. The Client shall not make, or allow to be made, any modifications to the design of the Works (as embodied by the Documents) without the written consent of the Building Designer.

  17. The Documents prepared by the Building Designer remain the property of the Building Designer. The Building Designer shall retain the original drawings and documents. The Client is entitled to one set of drawings and documents as a record of the Works and shall also be entitled to an electronic copy of the set of drawings and documents.

  18. In accordance with Part IX of the Copyright Act 1968 (Commonwealth), the Building Designer shall be given full attribution for the design of the Works (as embodied by the Documents) and all promotional material, advertising and media releases prepared by the Client or the builder of the project shall include this identification

  19. The Client shall not be permitted to use the Building Designer's Registered Building Practitioner's Number for any reason whatsoever without the express written consent of the Building Designer describing the exact purpose for which the Number is to be used.

  20. The Client shall not be entitled to use the Documents to which the Building Designer's Registered Building Practitioner's Number has been affixed without obtaining the express written consent of the Building Designer permitting the Client to use the Building Designer's Registered Building Practitioner Number.

  21. The Client shall not permit the modification or amendment to the plans prepared by the Building Designer without the knowledge and written consent of the Building Designer.

  22. Where the Client provides to the Building Designer any materials including sketches, photographs, drawings, plans or concepts upon which the Building Designer is to base the work, the Client shall indemnify and keep indemnified the Building Designer at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against the Building Designer or incurred or become payable by the Building Designer resulting or arising from any claim or infringement of any patent, registered design, trademark, copyright, Moral Rights, or any other property interest of a third party which may result out of the use by the Building Designer of the materials.

  23. If the Design Services are varied in any way or abandoned in part because of a change in the Client's instructions or requirements, or due to causes beyond the control of the Building Designer, then the Building Designer shall be entitled to review and adjust the fees for the Design Services.

  24. Should the Client:

    1. fail to pay the Building Designer any amounts payable in accordance with this Agreement; and/or

    2. be in breach of any provisions of this Agreement; and/or

    3. become bankrupt or execute a deed of assignment or arrangement or make any composition for the benefit of creditors or, being a company, if the company or its creditors pass a resolution for the winding up of the company,

the Building Designer shall be at liberty to terminate this Agreement by giving seven days' notice in writing to the Client.

  1. Upon termination of this Agreement by the Building Designer, the Client shall pay all amounts payable in accordance with this Agreement for the Design Services executed up to the date of termination of this Agreement and an amount for loss of an expectation of a profit in contemplation of completing the Design Services.

  2. Should the Building Designer fail to carry out the Design Services with reasonable care and skill or be in breach of any provision of this Agreement, the Client shall be at liberty to terminate this Agreement by giving seven days' notice in writing to the Building Designer.

  3. Upon termination of this Agreement by the Client, the Client shall pay all amounts payable to the Building Designer in accordance with this Agreement for the Design Services executed up to the date of termination of this Agreement.

  4. If any dispute or difference arises between the Building Designer and the Client in connection with this Agreement, either the Building Designer or the Client shall give the other a written notice of dispute identifying and providing details of the dispute.

  5. Within 14 days of service of the written notice of dispute, the Building Designer and the Client shall confer at least once to resolve the dispute.

  6. If the dispute is not resolved within 21 days of service of the written notice of dispute, the dispute shall be and is hereby referred to arbitration. The arbitrator shall be appointed by the President of the Victorian Chapter of the Institute of Arbitrators, Australia and conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

  7. Nothing herein shall prejudice the right of the Building Designer or the Client from commencing proceedings to enforce payment due in accordance with this Agreement.

  8. The laws in force in Victoria govern this Agreement.

  9. This Agreement supersedes all prior agreements between the Building Designer and the Client, and the provisions of this Agreement shall not be varied except with the prior written consent of both the Building Designer and the Client.

  10. It is important to understand town planning applications and building approvals can be very subjective and political.  The Building Designer has no control over who will review the application and their interpretation of the development, regarding planning or building requirements and who will appeal against the proposal, for whatever reason. The Building Designer cannot provide an accurate time frame for completion and final council decision on any planning application. Guarantees cannot be given for the eventual success of the application. Further design and administration work, etc. (after initial plans have been completed and submitted) will be charged at the rate of $150.00 per hour, + GST unless otherwise agreed. This includes clients. clients' representatives and council requests for design amendments or further information.

  11. Payment methods accepted are cash, cheque, or direct debit into our account. Ensure payments by cheque are made payable to The Little Brick Studio PTY LTD.

  12. Invoices are to be paid within seven (7) days.

 

 

PRIVACY POLICY

The Little Brick Studio Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, and phone numbers.

This Personal Information is obtained in many ways including correspondence, by telephone, by email, via our website www.littlebrickstudio.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We do not guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, or health information.

Sensitive information will be used by us only:

•          For the primary purpose for which it was obtained

•          For a secondary purpose that is directly related to the primary purpose

•          With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in several circumstances including the following:

•          Third parties where you consent to the use or disclosure; and

•          Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

The Little Brick Studio Pty Ltd will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

To protect your personal Information, we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy, please contact us at:

 

The Little Brick Studio Pty Ltd

24/1140 Nepean Highway,

Mornington VIC 3931

 

info@littlebrickstudio.com.au

 

(03) 5975 6556