Terms of service.
1 The scope of the interior design services is as described in our accompanying letter and your instruction to proceed, whether given verbally or in writing, is confirmation of your acceptance of our services, professional charges and the Vision Design Studio Terms and Conditions of Engagement.
2 The Client shall be responsible for providing Vision Design Studio with instructions adequate to define the Client’s requirements, including the time program and budget.
3 The Client authorises Vision Design Studio to act as the Client’s agent in regard to the project as set out or implied in this Agreement and in the particular contract adopted for the project.
4 Any opinion prepared by Vision Design Studio of probable construction cost is not a tender or quotation and Vision Design Studio does not warrant that tenders will accord with the opinion.
5 The Client shall be responsible for engaging secondary consultants and Vision Design Studio shall only be responsible for the recommendation, coordination and integration of their services.
6 Copyright in all design concepts, documents and drawings - including electronic files - prepared by Vision Design Studio and in any works executed from those documents and drawings, shall remain the property of Vision Design Studio or on creation vest in Vision Design Studio Interiors. Vision Design Studio grants the client an express but revocable license to use the design concepts, documents and drawings to produce the Project for which they were intended provided that the entitlement applies only to the Site or to that part of the Site to which the design relates, and Vision Design Studio has completed the particular stage or stages of the design services for which Vision Design Studio has been commissioned and fees properly due to Vision Design Studio in accordance with this Agreement have been paid. On completion of all services under this agreement, and on full payment of all fees due the license becomes irrevocable. Where the Client wishes to reproduce the design on another site or another part of the site then the Client may only do so with the written consent of the Designer which consent may include but not be limited to a condition in relation to the payment of an additional fee as the Designer deems fit. Vision Design Studio retains the copyright in all designs, drawings, models, plans, specifications, design details, photographs, brochures, reports, notes of meetings, CAD materials and any other materials we provide as the Interior Designer in connection with the Project.
7 The documents and drawings prepared by Vision Design Studio are the property of Vision Design Studio whether the project for which they are made is executed or not. The Client may retain one set of the documents and drawings as a record.
8 Vision Design Studio shall be given full credit for their services related to the project. The use of any drawings or documents prepared by Vision Design Studio or reference to Vision Design Studio or Directors or staff of Vision Design Studio in any form shall be made only with the written consent of Vision Design Studio. Vision Design Studio must be credited as the interior designer in any public information about the project, whether the project is complete or not.
9 We reserve the right to photograph and/or publish the completed project or work designed by Vision Design Studio
10 Neither party shall assign, transfer or sublet any obligation under this Agreement without the written consent of the other.
11 This Agreement does not allow for construction documentation to be divided into trade packages. Construction documentation provided by Vision Design Studio shall be provided in one package to include drawings, specification and schedules.
12 Electronic CAD files remain the property of Vision Design Studio Interiors. The issuing of documents in electronic form to any other consultants shall be wholly at the discretion of Vision Design Studio Interiors, not withstanding any drawings issued electronically shall be issued in ‘Portable Document Format” (PDF). Vision Design Studio accept no responsibility for any damage, cost or liability arising from the misuse of the documents by the client or any person or entity which requires the documents from or through the client without the prior written permission from the Designer. CAD drawings cannot be released or distributed without approval from Vision Design Studio and will attract a fee to release digital DWG files. The fee for release of the base project files will be $1800 ex GST and will be billed as a disbursement.
13 Vision Design Studio agrees to provide the interior design services and the client agrees to pay Vision Design Studio the fees and reimbursable expenses in accordance with this Agreement. Fees for our services will be invoiced on a progressive basis, as per formal payment plan provided. Payment is to be received within 7 days from the date of invoice. Payment not received by the due date will attract interest at the rate of 1% per month or part thereof from the date of invoice until payment. If any account is outstanding for more than 7 calendar days from the due date, Vision Design Studio may immediately suspend all interior design services upon giving the client notice of such intention to suspend. Vision Design Studio reserves the right to enact the Building and Construction Industry Security of Payment Act.
14 If the interior design services are increased, altered, delayed or protracted due to the client’s instructions or causes beyond the control of Vision Design Studio then an additional fee assessed on our standard hourly rates or agreed fixed lump sum
shall be chargeable, provided Vision Design Studio has promptly notified the client. Time extensions to the program may apply.
15 Vision Design Studio agrees to act with due care, skill, and diligence in delivering the services under this agreement. To the maximum extent permitted by law, Vision Design Studio has no liability in respect to any indirect, consequential, or special loses. Vision Design Studio’s total liability to the Client is limited to the maximum amount (after deducting any excess payable) that Vision Design Studio is entitled to recover under Professional Indemnity insurance.
16 Vision Design Studio will not be required to execute a deed of novation without the written consent of Vision Design Studio Interiors. Unless otherwise agreed Vision Design Studio will not be required to execute the novation unless: (a) it complies with terms of this Agreement
(b) the client ensures the substitute party assumes an obligation to perform all of the client’s obligations under this agreement
(c) the substitute party has demonstrated to Vision Design Studio Interiors’ satisfaction that it has sufficient technical and financial expertise and resources to be capable of performing all of the client’s obligations.
17 The Client shall reimburse Vision Design Studio for expenses reasonably and properly incurred in connection with the interior design services provided under this Agreement. Such expenses shall include but are not limited to: (a) Fees, taxes, levies or charges paid by Vision Design Studio to Authorities having jurisdiction over the project.
(b) The provision of all copies of all drawings. (c) The provision of any drawing other than those used in the office of Vision Design Studio or issued to the client or for the coordination of consultants.
(d) Specialist presentations sub-consultant perspective renderings and models, electronic visual presentations, reproductions.
(e) Courier services, air freight, international telephone calls
(f) Provision of any form of building or any other contract.
(g) Rental of specialised equipment where required and agreed by the Client.
(h) Photographic records requested by the Client.
(i) Electronic transfer of computer drawings or information.
18 The liability of Vision Design Studio to the Client arising out of the performance or
non-performance of the Interior Design Services, whether under the law of contract or tort, shall be limited to the cost of rectifying the works which are the subject of the Interior Design Services. Vision Design Studio shall be deemed to have been discharged from all liability at the expiration of three years from either Practical Completion or the termination of the Interior Design Services, whichever is the earlier date.
19 Any dispute arising from either party in this agreement, financial or related to service provision, must be put in writing within 5 business days of an incident occurring. Service provision may cease until an agreed resolution has been reached. Termination of this agreement may occur where failure to reach a fair outcome from a dispute has occurred, or in unforeseen circumstances. Should the Interior Services be terminated during any particular stage of the Interior Services then the Client shall only be entitled to use the documents and drawings for the partially completed stage in order to complete the works upon accounting to Vision Design Studio for all amounts payable pursuant to this agreement.
20 Either party may terminate this Agreement on the expiration of reasonable notice given in writing. Upon termination, the Client shall pay Vision Design Studio all amounts payable pursuant to this Agreement together with reasonable costs associated with early termination. Any outstanding payments due at the date of termination must be paid by the Client in accordance with this agreement within 7 days of termination. The Client shall not, without first obtaining consent in writing from Vision Design Studio, make any representation or statement to do anything expressly or implicitly making or asserting any relationship or affiliation between the Client, the services provided by Vision Design Studio, the final product based on Vision Design Studio’s services or Vision Design Studio.
21 Goods and Services Tax (GST) (a) For the purposes of this Agreement, “GST” means any consumption tax imposed by government, whether at the point of provision of a service of a sale or at some other specified occurrence, by whatever name, which operates during the term of this Agreement and includes (without limitation) a goods and services tax, a broad-based consumption or indirect tax and a value-added tax.
(b) This agreement is to be treated as taxable for the purpose of GST with the benefit of any zero-rating available under any applicable transitional arrangements.
(c) Each amount of whatever description specified as payable by the Client to Vision Design Studio under this Agreement is expressed net of GST.
(d) In addition to the amounts payable under this Agreement as invoiced from time to time, the Client must pay to Vision Design Studio on demand the GST payable by Vision Design Studio in respect of that amount.
22 Any physical materials, fixtures, fittings etc. supplied by Vision Design Studio to the Client are subject to the original manufactures warranty.
23 The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify Vision Design Studio in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Vision Design Studio to inspect the Materials or to review the Works provided.
24 Access to the site will be provided by the Client from 7.00 am to 5.00 pm. If any delay is caused by lack of access, for example if a delivery cannot be dropped, time lost will be charged to the Client.
25 Upon completion of the Project, Vision Design Studio will submit a final invoice. Payment shall be due within 7 days unless the Client draws to the attention of Vision Design Studio some defect in the quality of the work or failure to comply with the original quote.
26 A complaint or rejection of some part of work done on the Project does not entitle the Client to hold back payment for any other part of the work.
27 The cost of any materials agreed as extra to the approved quote shall be paid immediately and supply of these goods/ works will not begin until this invoice is paid.
28 Unless noted otherwise, this proposal does not include fees for the services of secondary consultants. The interior designer is not responsible for the services provided by the specialist consultant.
29 Any natural materials selected for a project may change in appearance and dimension following exposure to use or climatic conditions and this is normal behaviour for such materials.
30. The Client authorises Vision Design Studio to act as the Client’s agent when engaging any Sub-Contractors. Any Sub-Contractor or Supplier that Vision Design Studio engages is subject to built in profit margins. Margins vary and are proprietary in our industry.