1. Introduction
1.1 This Agreement (“Agreement”) is made between Perth Drafting & Design (“the Company,” “we,” “us,” or “our”) and you (“the Client,”, “Owner” “you,” or “your”). By engaging our services, making payment of a deposit, or otherwise providing instructions to proceed, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

1.2 This Agreement sets out the terms and conditions upon which we will provide building design and drafting services (the “Services”) to you.

2. Scope of Services
2.1 Our Services may include, but are not limited to, the preparation of design concepts, preliminary designs, development application drawings, construction documentation, and other related design and drafting services.

2.2 Unless expressly stated, our Services do not include site visits, project management, cost estimating, project supervision, certification of compliance with building codes, engineering services (structural, mechanical, electrical, hydraulic, or otherwise), land surveying, or obtaining statutory approvals other than those specifically detailed in our documentation.

2.3 Our role is limited to providing Drafting documentation. While we are experienced in the R-Codes, the Building Code of Australia (BCA), and the National Construction Code (NCC), we will try our best but we do not guarantee that our documentation will always strictly comply with all applicable codes and standards. We will endeavor to meet these requirements to the best of our professional ability; however, mistakes or oversights may occur. We will not be held accountable for any such errors, and it remains your responsibility to obtain independent verification or engage appropriately qualified professionals to ensure full compliance with statutory and regulatory obligations.

2.4 General Conditions for Use of Drawings and Documentation:
(a) All dimensions on plan (new and existing) must be checked on-site prior to commencement of work or placing of orders.
(b) The location of existing sewer lines, electrical wiring, and gas runs/pipes affecting the proposal must be confirmed prior to commencement of works.
(c) Any discrepancies, conflicts, or inconsistencies found in the drawings must be reported to us immediately.
(d) We accepts no responsibility for expenses or costs incurred due to failure to comply with the above conditions (2.4(a), 2.4(b), and 2.4(c)).
(e) We accept no responsibility for any copyright infringement notice lodged against a plan prepared in accordance with the Owner’s brief and instructions.
(f) All building work must comply with the NCC, relevant Australian Standards, the requirements of local and government authorities, and normal good building practice.
(g) All materials, fixtures, fittings, and building components must conform to, and be supplied and installed in accordance with, the manufacturer’s specifications and details.
(h) The drawings must be read in conjunction with the Builder’s specification, Engineer’s drawings, and Survey drawings.

3. Site Meetings
3.1 All consultations and meetings will be conducted virtually, typically via Microsoft Teams or similar platforms. We do not provide in-person consultations or site visits under any circumstances.

3.2 There is no set limit to the number of virtual meetings unless extraordinary consultation time is required, in which case standard variation rates may apply as set out in Clause 5.

4. Fees, Payment & Variations
4.1 Fees for the Services shall be as set out in our quotation or proposal. All rates and fees are exclusive of GST unless otherwise stated. A 10% GST charge will be applied where applicable.

4.2 We will issue invoices at the completion of each project stage as outlined in our quotation. Full payment is required once project drawings are completed and prior to the release of final documentation.

4.3 Payment terms are seven (7) days from the date of invoice. We reserve the right to withhold documentation until full payment is received.

4.4 If you delay the project for more than fourteen (14) days for any reason, we may invoice you for work completed to date. If you cancel the project before completion, we reserve the right to invoice for all hours worked and materials procured up to the cancellation date.

4.5 Any additional work or variations beyond the agreed Scope of Works—including extra design amendments beyond the included rounds, consultancy, drafting changes, additional documentation, or changes that represent a substantial departure from the original brief—will be charged at our standard variation rate of $90 + GST per hour unless otherwise agreed in writing.

5. Amendments to Design
5.1 Unless otherwise stated, our Preliminary Design services include up to two (2) rounds of minor design amendments based on your initial brief.

5.2 Design changes that constitute a scope change, complete redesign, or significantly alter the approved design direction will be charged at standard variation rates.

5.3 Once designs are approved and advance to subsequent stages, any further changes will incur additional charges.

6. Client Responsibilities
6.1 You are responsible for providing all necessary and accurate information required for the performance of the Services. This includes site information, existing conditions data, sketches, documents, or any third-party materials you supply.

6.2 You warrant that any sketches, designs, or other materials you provide to us are your property or you have full permission to use them. You agree to indemnify and hold us harmless from any claims, liabilities, damages, or costs (including legal fees) arising from the use of third-party materials that infringe copyright or other intellectual property rights.

6.3 You must review all drawings and documentation provided. It is your responsibility to promptly notify us in writing of any errors, omissions, or issues within seven (7) days of receiving them.

7. Intellectual Property Rights
7.1 We retain ownership of all intellectual property created as a result of our Services until all invoices are paid in full. Upon full payment, you receive a non-exclusive license to use the final documentation for the project’s intended purpose only.

7.2 You may not reproduce, distribute, or alter the designs without our prior written consent, except where explicitly licensed and paid for in full.

7.3 We accept no responsibility for any copyright infringement notice lodged against a plan prepared in accordance with the Owner’s brief and instructions. It is the Owner’s sole responsibility to ensure compliance with copyright laws and to confirm they have obtained permission to use any materials, designs, or plans sourced from other designers, builders or architects.

8. Limitations & Disclaimers
8.1 Our Services are provided with reasonable skill, care, and diligence, but we do not represent or warrant that the drawings or documents are error-free or will perfectly meet your requirements.

8.2 We rely on the information you provide and do not independently verify its accuracy. If certain information (e.g., site surveys, soil reports, existing plans, or planning constraints) is not provided or is inaccurate, our documentation may not reflect actual conditions.

8.3 We are not responsible for construction methods, workmanship, materials, cost overruns, or the acts or omissions of builders, contractors, engineers, or other third parties. Any cost estimates provided are indicative only, and we do not guarantee that actual costs will not vary.

8.4 Our Services do not include ensuring compliance with regulatory or statutory requirements unless they are specifically stated. You agree to engage relevant professionals (such as certifiers, engineers, building surveyors, or planning consultants) to confirm compliance and obtain necessary approvals.

8.5 While we are experienced in the R-Codes, the BCA, and the NCC, we do not guarantee strict compliance at all times. Mistakes or oversights may occur, and we will not be held accountable for such errors. You bear responsibility for verifying compliance and obtaining independent professional advice as needed.

9. Council Approval & Compliance
9.1 While we strive to produce documentation acceptable for planning and building approvals, we do not guarantee that such approvals will be granted by the relevant authorities. Approvals are subject to external factors beyond our control.

9.2 If we prepare Development or Planning Approval documentation as quoted, payment for these services is required regardless of the outcome of the approval process. However, we will work with you to get the drawings approved if needed.

9.3 It is your responsibility to ensure all required permits, approvals, and inspections are obtained.

10. Liability & Indemnity
10.1 To the fullest extent permitted by law, our total liability arising from or related to this Agreement, our Services, or any documentation provided shall be limited to the total fees paid by the Client for the Services.

We shall not be liable for any indirect, consequential, incidental, or economic losses, including but not limited to loss of profits, business opportunities, or reputation, even if advised of such possibilities.

We accept no liability for delays, errors, or omissions resulting from incorrect or incomplete information provided by the Client.

We are not responsible for construction defects, workmanship issues, or any third-party reliance on our documentation. The Client agrees to obtain independent verification from appropriately qualified professionals before proceeding with construction.

Nothing in this clause excludes any liability that cannot be lawfully excluded under Australian Consumer Law

10.2 We shall not be liable for any indirect, special, consequential, or economic losses, including loss of revenue, profit, business, or other opportunities, even if advised of the possibility of such damages.

10.3 You agree to indemnify and hold us harmless from any claims, actions, losses, damages, or liabilities arising out of or relating to:

• Your use or misuse of the drawings, documentation, or deliverables.
• Any materials, instructions, or directives you provide.
• Construction, alteration, or implementation based on our documentation.

11. Non-Payment & Debt Collection
11.1 If invoices remain unpaid beyond thirty (30) days, we reserve the right to engage a debt collection agency. Any associated costs, calculated at 15% of the outstanding fee, will be added to your invoice.

12. Subcontracting
12.1 We may subcontract any portion of the Services to appropriately qualified and experienced third parties without your prior written consent.

13. Force Majeure
13.1 We shall not be liable for any delay or failure to perform our obligations due to causes beyond our control, including war, strikes, lockouts, fire, flood, natural disasters, governmental regulations, or acts of God.

14. Governing Law & Jurisdiction
14.1 This Agreement shall be governed by and construed under the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the Australian courts.

15. Hours of Operation
15.1 Our standard office hours are 8:30 am – 4:30 pm, Monday to Friday. We will make reasonable efforts to accommodate scheduled virtual meetings during these hours.

16. Website & Content Use
16.1 Our website and its content are protected by applicable copyright laws. You agree not to replicate or use the website’s content without our express written permission.

17. Entire Agreement
17.1 This Agreement, together with any associated quotation or proposal, represents the entire agreement between the parties. No other oral or written promises, terms, or representations shall be binding.

ACCEPTANCE
By proceeding with the project, paying the deposit, or otherwise indicating your acceptance, you confirm that you have read, understood, and agree to the terms and conditions set forth in this Agreement.