1. About these terms
These Terms of Service (the "Terms") govern your access to and use of the website shawmackenziearchitects.site (the "Website") and form the basis of the relationship between you and Shaw Mackenzie Architects Pty Ltd (ABN 96 702 678 064) ("we", "us", "our") in relation to our architecture and building design services ("Services"). By accessing the Website, submitting an enquiry, requesting a quotation or engaging us, you agree to be bound by these Terms.
Where you formally engage us for architectural or building design work, the scope, fees and conditions of that engagement will be set out in a written engagement agreement or letter of engagement. If there is any inconsistency between these Terms and a signed engagement agreement, the signed engagement agreement will prevail to the extent of the inconsistency.
2. Who we are
Shaw Mackenzie Architects Pty Ltd is an architecture and building design practice based in Melbourne VIC, Australia. We provide residential and commercial architectural design, building design, planning documentation, permit drawings and related consultancy services. Our Australian Business Number is ABN 96 702 678 064 and our website address is https://shawmackenziearchitects.site.
3. Website information is general in nature
The content on this Website is provided for general information only. It does not constitute professional, financial, legal or technical advice, and it is not a substitute for a site-specific design consultation. You should not rely on any information on this Website as the sole basis for making decisions about your property or building project. Any photographs, plans or illustrative material shown on this Website are examples only and do not represent a promise that the same or similar outcomes will be achieved for your project.
4. Quotations and proposals
- Quotations provided by us are estimates based on the information available at the time and are valid for 30 days from the date of issue unless otherwise stated in writing.
- A quotation is an invitation to engage our Services and does not become binding until we have both accepted the scope of work in writing.
- Quotations for architectural design work are typically based on an assumed number of revisions and meetings. Work beyond the stated scope will be quoted separately or charged at our standard hourly rates.
- Statutory fees charged by third parties (such as planning permit fees, building surveyor fees, planning consultants, land surveyors, soil engineers and energy raters) are external to our professional fees and are payable by you unless expressly included in your quotation.
5. Fees, invoices and payment
- Professional fees are generally charged either as a fixed fee by project stage or on an hourly basis, as set out in your engagement agreement.
- We issue progress invoices at the completion of agreed project stages or at agreed intervals. Invoices are payable within 14 days of the date of issue unless otherwise agreed in writing.
- If an invoice remains unpaid after its due date, we may suspend work on your project and withhold release of drawings and documentation until outstanding amounts are paid, in addition to any other rights available to us at law.
- We may adjust fees where the scope of the project changes materially, where regulatory requirements change, or where additional consultants or revisions are required at your request.
- Goods and Services Tax (GST) is payable in addition to our fees where applicable and will be shown separately on invoices.
6. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
In particular, our Services come with guarantees under the Australian Consumer Law that cannot be excluded. Under those guarantees, we are required to render the Services with due care and skill, to render the Services within a reasonable time when no time is fixed, and to ensure that the Services and any products supplied in connection with them are reasonably fit for any purpose you have made known to us.
If our Services do not meet a consumer guarantee that applies to you, you may be entitled to remedies under the Australian Consumer Law, which may include re-supply of the Services or payment of the cost of having the Services re-supplied, to the extent permitted by law.
7. Copyright and intellectual property
- Copyright in all sketches, drawings, plans, 3D models, specifications, schedules, concepts and other design documentation prepared by us remains the property of Shaw Mackenzie Architects Pty Ltd in accordance with the Copyright Act 1968 (Cth).
- Upon full payment of the fees relating to a project stage or project, you are granted a non-exclusive licence to use the documentation for the specific project and purpose for which it was prepared, including for the purpose of obtaining planning and building approvals and constructing the works on the site to which the documentation relates.
- You must not reproduce, reuse, sell, publish or provide our documentation to any third party for use on another project, site or purpose without our prior written consent.
- The text, graphics, layout and branding of this Website are owned by or licensed to us and must not be copied or used commercially without our prior written permission.
8. Your responsibilities
To enable us to provide the Services, you agree to:
- provide accurate and complete information about your property, including title details, site plans, existing plans, soil reports and any other documents reasonably requested;
- confirm in writing any brief, budget, design direction and approvals we request from you in a timely manner;
- make timely decisions and respond to requests for instructions, as delays in your responses may affect project timing;
- be responsible for arranging and paying for any statutory approvals, including planning permits and building permits, unless expressly included in your scope of engagement; and
- obtain any independent legal, financial, engineering, town planning or surveying advice you consider necessary, as our Services do not extend to those disciplines unless expressly agreed.
9. Planning permits, building permits and regulatory compliance
We prepare documentation to support planning and building applications with care and professional skill, applying our knowledge of the relevant planning schemes, building regulations and standards in force in Victoria at the time of preparation. However, we do not warrant or guarantee that any authority, council, building surveyor or other statutory body will grant a permit or approval, as decisions of those bodies are outside our control. Where we are engaged to respond to requests for further information or to revise documentation following a regulator's feedback, that work will be treated as an extension of the agreed scope or quoted separately.
10. Limitation of liability
To the fullest extent permitted by law, and except for liability that cannot lawfully be excluded (including liability under the Australian Consumer Law):
- we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, loss of opportunity or loss of anticipated savings, arising from the use of this Website or the Services;
- our total aggregate liability arising out of or in connection with the Services is limited to the value of the professional fees paid by you to us for the relevant project, except where professional indemnity insurance or applicable law provides otherwise; and
- we are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural events, pandemics, industrial disputes, or delays by third parties, councils or statutory authorities.
This clause does not limit your rights under consumer guarantees described in clause 6.
11. Confidentiality and privacy
We treat information relating to you and your project as confidential and will not disclose it to third parties except as reasonably necessary to provide the Services (for example, to consultants, councils and building surveyors), as required by law, or with your consent. Our handling of personal information is set out in our Privacy Policy, which forms part of these Terms.
12. Suspension and termination
Either party may terminate an engagement by giving written notice to the other party. If you terminate an engagement partway through a project stage, you agree to pay for all work performed and all disbursements incurred up to the date of termination. If we terminate an engagement other than for your breach, we will take reasonable steps to complete or properly hand over the work performed to that point. Where an engagement is terminated, our copyright licence in clause 7 applies only to documentation for which you have paid in full.
13. Third-party links
This Website may contain links to third-party websites for convenience. We do not endorse, control or accept responsibility for the content, accuracy or practices of any third-party website. Accessing third-party websites is at your own risk.
14. Changes to these Terms
We may update these Terms from time to time to reflect changes in our practice, the law or our Website. The current version will always be published on this page with a revised effective date. Continued use of the Website or continued engagement of our Services after an update constitutes acceptance of the updated Terms. Where you have a signed engagement agreement, the terms of that agreement will not be varied by an update to these Terms without your written agreement.
15. Governing law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them. Before commencing legal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct discussion or mediation.
16. Contact us
If you have any questions about these Terms of Service, or wish to obtain a copy of these Terms in another format, please contact us:
- Business name: Shaw Mackenzie Architects Pty Ltd
- ABN: 96 702 678 064
- Location: Melbourne VIC, Australia
- Email: ceo@shawmackenziearchitects.site
- Website: https://shawmackenziearchitects.site
Related documents: Privacy Policy · Our Services · Request a Quote