Standard terms and Conditions
Obligation
Fyffe Design Services shall provide to the client a specialist design services. In providing the service Fyffe Design Services shall exercise the degree of skill, care and diligence normally exercised by designers in similar circumstances, will design to council codes and in consultation with council if required, but does not guarantee council approval.
Sign Off
After designs are completed, the balance of the design fee is to be paid prior to being issued to builders for pricing (minor changes to design can be made after prices are back from builders). Before proceeding to council drawings, the design drawings are to be signed off by client. Once council drawings have been started, any further variation to the design will be charged out at an hourly rate. All variations are to be in writing.
Copyright
Ownership on all designs and other information provided by Fyffe Design Services under this agreement remains with Fyffe Design Services, and the client will have a licence to use the design and information for the nominated site.
In the event the client provides concept designs or other information, then the copyright and ownership of those concept designs remains with the client and Fyffe Design will have a licence to use the concept designs for any purpose associated with the nominated project.
Fees
Fyffe Design will charge the client and the client will pay the fees scheduled in the agreement, for the services as they are provided.
Fee Adjustments
The following circumstances may give rise to an adjustment to the fee forming part of this agreement.
Additional Charges
-Charges to the brief after agreement and the design have commenced
-Addition to the scope of the Service to those described for this agreement
-Any design variation once council plans have commenced.
Abortive Work
Should part of their services not proceed, an hourly rate will be charged for the time spent prior to cancellation (if more than deposit paid) Should the project be delayed, payment should be made for the proportion of work completed.
Payment and Terms
Payments can be made electronically, directly into the account or by cheque. All payments are to be made on or before handover of plans.
Fyffe Design Services reserves the right to withhold plans until any outstanding fees are paid.
Dispute Resolution
The parties agree that a dispute rising under this contract will be dealt with as follows:
a.The party claiming a dispute will give the other party a notice setting out the nature of the dispute.
b.If the dispute can not be resolved a third party will be engaged his skills and authority to mediate and recommend a resolution.
c.If a resolution is not reached within 28 days either party may commence legal proceeding.
Each party will bear its own costs of complying with this clause, and the parties must equally bear the cost of any third person engaged under clause b.
Quotation period
The quote provided is valid for 6 months from the date of the contract.
Sundry
Fyffe design reserves the right to place a sign on the project for an advertising purpose, until occupation. Should the home or project be selected for any design awards or publicity, credit is to be given to Fyffe Design Services as the Designer, and any photographs published shall include the words designer: Fyffe Design Services.
Fyffe Design Services Professional Indemnity Policy is for the amount of $1,000.000. If any additional cover is required, the additional premium for the prescribed time would be an additional reimbursable cost.
