These Terms of Agreement ("Agreement") are entered into between Hotspace Consultants Pty Ltd ABN 13 804 352 051 trading as The Façade Design Co. ("The Façade Design Co.", "we", "our", "us") and the Client ("you", "your").
By accepting these Terms electronically, you acknowledge that you have read, understood and agree to be bound by this Agreement.
1. Acceptance
1.1
These Terms of Agreement govern the professional design services provided by The Façade Design Co.
1.2
You will be deemed to have accepted these Terms when you:
• accept these Terms electronically;
• pay your deposit;
• book your Design Briefing; or
• instruct us to commence the Services,
whichever occurs first.
1.3
By accepting these Terms, you confirm that:
• you have the authority to enter into this Agreement;
• all information you provide is accurate and complete to the best of your knowledge; and
• you agree to comply with the obligations contained within this Agreement.
1.4
If you do not agree to these Terms, you must notify The Façade Design Co. before the Services commence.
2. Definitions
For the purposes of this Agreement:
Agreement means these Terms of Agreement together with any accepted proposal, quotation, invoice or written correspondence relating to your Project.
Client means the individual(s) or entity engaging The Façade Design Co. to provide the Services.
Completion Date means the date the Design Plan is delivered to the Client.
Design Briefing means the initial consultation conducted online or in person to discuss the Project, design objectives, preferred investment level, style preferences, existing conditions and project requirements.
Design Plan means the customised design documentation prepared by The Façade Design Co. for your Project and may include, where applicable:
• Façade Design Plans;
• Outdoor Living Design Plans;
• colour strategies;
• materials and finishes;
• product selections;
• design illustrations;
• design intent drawings;
• specification schedules;
• implementation guidance; and
• other agreed design deliverables.
Fees means the fees payable for the Services.
Project means the residential property and associated design works for which the Design Plan has been commissioned.
Services means the professional design services provided by The Façade Design Co. as agreed between the parties.
Working Day means Monday to Friday, excluding Queensland public holidays.
3. Term of Agreement
3.1
This Agreement commences upon acceptance in accordance with Clause 1.
3.2
This Agreement continues until:
• the Design Plan has been delivered;
• all outstanding Fees have been paid in full; and
• any revisions included within the agreed Services have been completed,
unless terminated earlier in accordance with this Agreement.
3.3
Any additional services requested after completion of the Design Plan will be treated as a separate engagement unless otherwise agreed in writing.
4. Services
4.1 Our Services
The Façade Design Co. agrees to provide the Services with reasonable care, skill and professional judgement.
Our Services are tailored specifically to each Client and may include design for:
• façade renovations;
• new homes;
• home extensions;
• outdoor living design;
• exterior renovations and improvements;
• landscape design concepts; and
• other residential exterior design services agreed in writing.
4.2 Design Plan
The Design Plan is a customised design document prepared specifically for your Project.
Its purpose is to communicate design intent and provide sufficient information for your builder, draftsperson and consultants to prepare the documentation required for construction and implementation.
Depending on the scope of your Project, the Design Plan may include:
• design concepts;
• colour strategies;
• materials and finishes;
• product selections;
• architectural styling recommendations;
• minor structural design direction;
• realistic design illustrations;
• design intent drawings;
• external lighting recommendations;
• landscape concepts;
• outdoor living recommendations;
• specification schedules;
• implementation guidance; and
• other agreed design deliverables.
Every Project is unique. The exact contents of your Design Plan will depend on the Services you have engaged us to provide.
4.3 Design Briefing
The Design Briefing forms an essential part of the design process.
During this meeting we will discuss:
• your project goals;
• lifestyle requirements;
• preferred investment level;
• design preferences;
• inspiration images;
• existing site conditions; and
• any other information relevant to preparing your Design Plan.
The quality and accuracy of your Design Plan relies on the information provided during this stage.
4.4 Clarity & Confidence Stage (Revisions)
Your Design Plan includes up to two (2) rounds of revisions as part of our Clarity & Confidence Stage.
These revisions are intended to refine the agreed design direction rather than create entirely new concepts.
Most Clients require only one round of revisions due to the detailed briefing process completed before design commences.
Minor design changes requested at the same time may be treated as one revision.
Significant changes to an approved design direction, changes to the project brief, or additional concepts may be treated as additional services.
Any revisions beyond the two included rounds will be charged at our current hourly rate.
No additional work will commence until the Client has approved the associated fees.
4.5 Additional Services
Any work requested outside the agreed scope of Services may be treated as an additional service.
Examples include, but are not limited to:
• additional design concepts;
• additional revision rounds;
• additional meetings;
• additional site visits;
• builder or consultant meetings;
• implementation support;
• project advisory services;
• design clarification during construction;
• additional drawings;
• additional properties; or
• significant changes to the Project brief after design has commenced.
Additional services will be quoted separately before work proceeds.
4.6 Independent Contractor
The Façade Design Co. acts solely as an independent design consultant.
Nothing contained within this Agreement creates any partnership, agency, employment or joint venture relationship between the parties.
5. Client Obligations
The Client agrees to:
5.1
Provide complete and accurate information relevant to the Project.
5.2
Provide drawings, photographs, measurements, reports and any other documentation reasonably requested.
5.3
Advise us of any known site constraints, easements, approvals, planning requirements or other matters that may affect the Project.
5.4
Review concepts and provide feedback within a reasonable timeframe.
Delays in providing feedback may affect agreed project timeframes.
5.5
Advise us promptly of any changes to the Project brief.
Significant changes after design has commenced may result in additional fees.
5.6
Obtain independent professional advice where required regarding engineering, structural design, building approvals, planning approvals, certification and construction documentation.
5.7
Ensure all builders, consultants and trades engaged on the Project are provided with the final Design Plan together with any updated revisions issued by The Façade Design Co.
5.8
Use the Design Plan solely for the Project for which it was prepared.
5.9
Acknowledge that The Façade Design Co. prepares the Design Plan based upon information supplied by the Client and other information reasonably available at the time.
We are entitled to rely upon the accuracy of that information and are not responsible for errors, omissions or additional costs arising from incomplete, inaccurate or outdated information supplied by the Client or third parties.
6. Fees & Payment
6.1 Fees
Fees are payable in accordance with the accepted Proposal, Quotation or Invoice.
6.2 Payment Schedule
Unless otherwise stated in your Proposal or Invoice:
• 30% deposit is payable upon booking.
• 60% progress payment is payable at the agreed project milestone.
• Final 10% payment is payable prior to delivery of the completed Design Plan.
The Design Plan will not be released until all outstanding Fees have been paid in full.
6.3 Additional Services
Any work requested outside the agreed scope will be charged separately.
The Façade Design Co. will advise the Client of any additional fees before commencing that work.
6.4 Late Payments
Where payment becomes overdue, The Façade Design Co. reserves the right to:
• suspend work;
• delay delivery of the Design Plan;
• withhold documentation until payment has been received; and
• recover any reasonable costs associated with recovering overdue amounts.
7. Cancellations, Postponements & Refunds
7.1 Cancellations
Cancellation requests must be made in writing.
Where cancellation occurs:
• more than twenty-one (21) days before the scheduled Design Briefing, 30% of the deposit will be refunded;
• twenty (20) days or less before the scheduled Design Briefing, the deposit is non-refundable.
If work has commenced prior to the Design Briefing at the Client's request, the Client will remain responsible for payment of all work completed to the date of cancellation.
Once the Design Briefing has taken place and design work has commenced, the Project cannot be cancelled and the remaining Fees become payable in accordance with this Agreement.
7.2 Postponements
Design Briefings may be postponed where reasonable notice is provided.
Where possible, postponed appointments should be rescheduled within sixty (60) days of the original booking.
Requests outside this timeframe may be be treated as a cancellation.
7.3 Refunds
Refunds will not be provided for:
• change of mind;
• delays outside the reasonable control of The Façade Design Co.;
• cancellations after design work has commenced; or
• Services already delivered.
Nothing contained within this Agreement limits any rights available to the Client under the Australian Consumer Law.
8. Design Responsibility & Project Scope
8.1 Design Intent
The Design Plan communicates the design intent for the Project and is intended to provide a clear design direction for implementation.
The Design Plan is not construction documentation and must not be used for construction, certification, engineering, council submissions or statutory approvals.
Where required, appropriately qualified professionals must prepare all documentation necessary for approvals and construction.
8.2 Scope of Services
The Design Plan contains professional recommendations based on the information available at the time it is prepared.
Recommendations are primarily aesthetic and design-related and reflect conditions existing at the date of issue.
Should the Project be significantly delayed or site conditions change, The Façade Design Co. may recommend an updated review before implementation proceeds.
8.3 Existing Conditions
The Design Plan is prepared using information supplied by the Client together with available drawings, photographs, site information and other documentation.
Existing dimensions, site conditions, services, structural elements, boundaries and construction methods must be independently verified before construction commences.
Where discrepancies exist between site conditions, consultant documentation or the Design Plan, clarification must be obtained before works proceed.
8.4 Construction Documentation
Where structural alterations, roof modifications, extensions, wall removals or new construction are proposed, the Client must engage appropriately qualified professionals to prepare construction documentation and verify compliance with all applicable legislation.
The Façade Design Co. does not provide engineering, certification or construction documentation unless expressly agreed in writing.
8.5 Technical Responsibility
The Design Plan does not assess structural adequacy, engineering requirements, drainage design, hydraulic services, electrical services or building compliance.
Builders, engineers, consultants and trades remain responsible for confirming:
• structural feasibility;
• engineering requirements;
• construction methodology;
• site measurements;
• dimensions;
• drainage;
• falls;
• levels;
• junctions;
• installation techniques; and
• compliance with all applicable legislation.
8.6 Construction Interpretation
Builders and trades are responsible for determining appropriate construction methods required to achieve the design intent shown within the Design Plan.
Where clarification is required during construction, builders should first consult the relevant project consultants.
Where appropriate, The Façade Design Co. may provide design clarification as an additional service.
9. Materials, Approvals & Liability
9.1 Materials & Finishes
All colours, finishes, materials and product selections shown within the Design Plan are indicative.
The Client should inspect physical samples before ordering or installation.
Variations may occur due to manufacturing tolerances, lighting conditions, weather, substrates, textures and natural product variation.
Where nominated products become unavailable, comparable alternatives may be selected provided they maintain the overall design intent.
The suitability, availability and performance of third-party products remain the responsibility of the Client and their builder to verify prior to purchase.
9.2 Landscaping
Landscape concepts shown within the Design Plan communicate design intent only.
Plant selections, species suitability, irrigation requirements and ongoing maintenance should be confirmed by an appropriately qualified landscape professional where required.
9.3 Compliance & Approvals
The Client is solely responsible for obtaining all approvals, permits, licences and consents required for the Project.
This includes, where applicable:
• council approvals;
• planning approvals;
• development approvals;
• building approvals;
• engineering certifications;
• private certification;
• heritage approvals; and
• any other statutory approvals required by law.
9.4 Costs
Any discussion regarding construction costs, budgets or likely investment is indicative only.
Actual costs will vary depending upon:
• builder pricing;
• site conditions;
• consultant requirements;
• material availability;
• market conditions; and
• changes to the Project scope.
The Façade Design Co. does not provide fixed construction pricing.
9.5 Design Changes During Construction
Any design changes made during construction without consultation with The Façade Design Co. may alter the intended design outcome.
The Façade Design Co. accepts no responsibility for aesthetic or functional outcomes resulting from modifications made without written design review.
10. Confidentiality & Privacy
10.1 Confidential Information
Both parties agree to keep confidential all non-public information obtained during the course of the Project.
Confidential information may only be disclosed where:
• required by law;
• necessary for the performance of the Services; or
• agreed to in writing by the other party.
10.2 Privacy
The Façade Design Co. will collect, use and store personal information in accordance with its Privacy Policy and all applicable Australian privacy legislation.
Information supplied by the Client will only be used for the purposes of providing the Services, communicating regarding the Project and meeting legal obligations.
11. Intellectual Property
11.1 Ownership
All intellectual property created by The Façade Design Co. remains the property of The Façade Design Co.
This includes, but is not limited to:
• Design Plans;
• drawings;
• illustrations;
• renderings;
• specifications;
• schedules;
• concepts;
• design details;
• written material; and
• all supporting documentation.
11.2 Licence to Use
Upon payment of all Fees, the Client receives a non-exclusive licence to use the Design Plan solely for the Project for which it was prepared.
The Design Plan must not be:
• copied for another project;
• sold;
• reproduced;
• modified;
• distributed;
• commercially exploited; or
• used for any purpose other than the approved Project,
without the prior written consent of The Façade Design Co.
11.3 Marketing
Unless otherwise agreed in writing, the Client grants The Façade Design Co. permission to use:
• project photographs;
• design illustrations;
• completed works; and
• client testimonials,
for marketing, portfolio, website, social media and promotional purposes.
Where reasonably requested by the Client, identifying information such as street address may be withheld.
12. Limitation of Liability
To the maximum extent permitted by law:
The Façade Design Co.'s liability is limited to the resupply of the Services or the reasonable cost of supplying those Services again.
The Façade Design Co. is not responsible for:
• construction defects;
• workmanship;
• engineering;
• certification;
• council approvals;
• builder performance;
• contractor performance;
• product failures;
• material availability;
• site conditions;
• hidden defects;
• delays caused by third parties; or
• changes made without written design review.
Nothing within this Agreement excludes rights available under the Australian Consumer Law.
13. Dispute Resolution
If a dispute arises, both parties agree to first attempt to resolve the matter through good faith discussions.
Where the dispute cannot be resolved within twenty-one (21) days, either party may refer the matter to mediation before commencing legal proceedings.
Nothing within this clause prevents either party from seeking urgent legal relief where necessary.
14. General
14.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, proposals and understandings relating to the Services.
14.2 Variations
No variation to this Agreement will be binding unless agreed in writing by both parties.
14.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.4 Governing Law
This Agreement is governed by the laws of Queensland, Australia.
The parties submit to the exclusive jurisdiction of the courts of Queensland.
14.5 Survival
Clauses relating to confidentiality, intellectual property, limitation of liability and dispute resolution survive completion or termination of this Agreement.
