TERMS & CONDITIONS
These terms and conditions are deemed to have been read, understood and accepted by anyone (the Client) who engages, accepts Services or pays a deposit or money in relation to any Service that Luca Studio provides.
1.00 PERSONAL INFORMATION
For the purposes of this agreement Luca Studio will collect and store the Client’s personal information. Where reasonable for practical purposes and always to the Client’s benefit, Luca Studio will pass on the Client’s name and contact details to third parties (suppliers of goods and services). This includes but is not limited to consultants for quotation and contractual purposes (engineer, surveyor, certifier), consultants or suppliers who are providing advice, or to ensure specified products, materials and services are quoted on.
Luca Studio will not provide the Client’s personal information for profit nor to others for them to profit nor to the world in general. Luca Studio acknowledges the need to keep personal information as private as is reasonable and practical.
The Client agrees that it must pay any tax invoice issued by Luca Studio in full without any deductions or setoffs. The Client agrees to pay the tax invoice in full within the period specified (due date) for payment. If there is no due date specified, within 14 days from the date the tax invoice was issued by Luca Studio. Luca Studio will not give the Client or submit to any other agent the plans, documents or any work completed by Luca Studio (including copyright (see clause 11.00)) until the Client has paid in full for the Services provided by Luca Studio. If the Client delays the Services provided by Luca Studio or any aspect of the Service for any reason for more than 30 days, an invoice will be issued to the Client for the services that have been provided so far. If, for any reason, the provision of Services to the Client end prior to the completion of all Services provided by Luca Studio, whether by termination or cancelation by the Client or Luca Studio or for any other reason. The Client will be sent an invoice and be liable to pay for all of the Services completed to date, whether the Service is provided in full or only in part, as determined fair and reasonable by Luca Studio.
3.00 OVERDUE AMOUNTS
The Client agrees to pay in full all legal costs, administrative costs, commissions paid, dishonour fees or any costs and expenses incurred by Luca Studio in relation to the recovery of overdue amounts including the enforcement or the attempt to enforce any of these Terms & Conditions by Luca Studio or an agent acting on Luca Studio’s behalf. All these costs & expenses are deemed a debt incurred by the Client and an invoice for these amounts with sent to the Client from Luca Studio and must be paid in full by the Client within 14 days of receiving the invoice.
4.00 CLIENT VARIATIONS
Luca Studio has agreed to provide rounds of amendments to the design (Design Amendments) as part of the Service, unless otherwise stated in writing. These rounds of amendments are limited to the rounds of changes (Design Amendments) stated below for each part of the Service:
(i) Concept Design - two (2) rounds of changes (Design Amendments)
(ii) Design Development - one (1) round of changes (Design Amendments)
(iii) Construction Documentation - zero (0) rounds of changes (Design Amendments)
These Design Amendments are limited to amendments of a minor nature and must not be equal to a total of 20% or more of the total fee quoted for that part of the Service. The Design Amendments do not include anything that Luca Studio considers substantial changes or any amendments that do not relate to any of the Services or scope of the work quoted for under inclusions on the provided quote. Unless otherwise agreed to in writing, this also includes any attendance to any meeting, site or place by Luca Studio or any of its representatives. The Client agrees to pay any Invoice provided by Luca Studio for any Design Amendments initiated by the Client after the above stated rounds of Design Amendments have concluded. Once the included Design Amendments have concluded, at the absolute discretion of Luca Studio, all further Design Amendments shall be charged to the Client at a rate of $120 per hour (excluding GST).
5.00 ADDITIONAL SERVICES
Any additional work requested by the Client that has not been quoted for under the inclusions on the provided quote, including any changes or additions to the scope of work quoted for, will be charged to the Client at a rate of $120 per hour (excluding GST). The plans, documents and Services that Luca Studio produce are intended for Approvals only. In the event that a builder or any other party requires additional detail in the construction phase for any work not required for Approvals, Luca Studio will not be required to complete this additional work or Service. If Luca Studio agrees to complete any additional work it will be charged to the Client at a rate of $120 per hour (excluding GST). Only items specifically mentioned on Luca Studio’s quote under inclusions are included in the scope of work. It is the Clients responsibility to research and confirm all potential costs in relation to the Clients Project. Luca Studio will not be liable for any of these additional costs. As part of the Services provided by Luca Studio the Client is entitled to one face-to-face meeting with Luca Studio at a place and time agreed to in writing by Luca Studio. Luca Studio is able to attend any face-to-face meeting via electronic medium such as a video link, at Luca Studio’s absolute discretion. The Services provided by Luca Studio do not include any meetings with council or any other party related to the project unless quoted for or agreed to in writing by Luca Studio. These meetings and any preparation for these meetings are considered additional to the scope of Luca Studio’s Services and will be charged to the Client at a rate of $120 per hour (excluding GST).
6.00 RELEASING PLANS & DOCUMENTS
Luca Studio will only release the documents or plans relating to the Services provided once all outstanding invoices have been paid by the Client. These documents and plans will be provided to the Client in a digital format only, unless otherwise agreed to in writing.
7.00 CERTIFICATION / COUNCIL APPROVALS
As part of the Services provided, Luca Studio will do its best to advise and assist the Client in relation to applicable laws, standards, codes, consultants and reports required to meet the necessary requirements to achieve Approval from the relevant authorities in relation to the Clients project. The Client acknowledges and agrees that Luca Studio cannot and does not make any guarantees that any part of the Design, Documentation or Services provided by Luca Studio will be approved and meet all the requirements of the Relevant Authorities. This includes, but is not limited to, Certification, Council Approval, Building Approval, Development Approval, Covenant Approval, Body Corporate Approval and Council & Covenant Relaxations.
If, in Luca Studio’s absolute discretion, the drawings or documents produced by Luca Studio do not meet these requirements because of a fault or omission caused by Luca Studio, Luca Studio will do its best, if reasonable and possible to do so, to amend and rectify the plans to satisfy the requirements for approval at no cost to the Client. However, if, in Luca Studio’s reasonable opinion, the requirement for Approval are not because of a fault or omission produced by Luca Studio, the Client will be charged for these additional Services at a rate of $120 per hour (excluding GST). Luca Studio will not be required to complete any additional Services or held liable for any other expense or fee required to meet the authorities requirements that are not explicitly described in the inclusions of the quote provided by Luca Studio. The Client agrees to pay for all Designs, Documentation and Services provided by Luca Studio even if ultimately said Services are not required or used to achieve Approvals.
8.00 PROJECT DELAYS
If a deadline has been agreed to in writing by Luca Studio, Luca Studio will do its best to notify the Client of any delays in relation to completing the Services quoted for the Clients project. The Client acknowledges and agrees that whether the delay is caused by Luca Studio or for any other reason, the deadline will be extended by the amount of time that Luca Studio, in its absolute discretion, deems to be a reasonable extension to remedy these delays. Delays to the agreed deadline will not be considered a breach of this agreement and will not entitle the Client to a refund of any Services provided.
9.00 INFORMATION SUPPLIED BY THE CLIENT
In the event that the Client supplies to Luca Studio any design information, sketches or other paper writing, the Client hereby covenants, warrants and represents that any copyright that may subsist in the documentation is owned by the Client and the Client hereby grants license to Luca Studio to use and reproduce any of the same for the express purpose of completing the Service.
The Client hereby agrees to indemnify, and keep indemnified, Luca Studio against any actions, claims or demands whatsoever or howsoever arising that may be brought against Luca Studio out of or incidental to the supply of the Documentation by Luca Studio. Such indemnity to include all costs including legal costs on a solicitor/own basis and Luca Studio’s time and expenses calculated at the rate relative to or incidental to the defence of any such litigation.
10.0 ESTIMATE OF COST
Luca Studio does not purport to be competent to accurately estimate the construction cost of the project. Where an indicative estimate of cost is supplied by Luca Studio, it must not be relied upon and must be confirmed by a Quantity Surveyor or Builder. Any advice given in relation to Consultants, Reports or Local Authority fees and charges must also not be relied upon and is to be confirmed by the Client. Luca Studio will not be held liable for any estimation in relation to costs or fees to complete the project.
The ownership of the copyright in any design and original documentation prepared by Luca Studio remain with Luca Studio. Where the Client makes all payments required, Luca Studio grants to the Client licence to use the documentation for the purpose of gaining required approvals and for the construction of the project. The Client shall not make or cause to be made any alterations to documentation supplied by Luca Studio without the written permission of Luca Studio. Any such permission granted must state the extent of alterations permitted and the Client shall not make or cause to be made alterations except as so permitted. Unless otherwise agreed to in writing, the Client acknowledges and agrees that Luca Studio is permitted to use any of the work produced by Luca Studio for self-promotion through marketing and advertising, including but not limited to, the designs, documents and images produced as part of the Services provided to the Client.
12.0 ENGAGEMENT OF OTHER CONSULTANTS
The Client recognises consultants provide expertise not held by the Designer. Consequently, Luca Studio is not responsible for the services provided by these consultants. If Luca Studio engages and/or coordinates any consultants, such engagement and/or coordination will be carried out expressly as the Client’s agent, and the Client hereby agrees to indemnify Luca Studio against any claims that may be made arising out of or incidental to such services.
Luca Studio may terminate these Terms and Conditions and the supply of any Services, before completion, for any reason, without prejudice to the rights of any party, the Client shall make payment to the Designer for services rendered prior to the date of termination.
In the event that the Terms and the supply of any Services is terminated prior to completion of the documentation, the licence to use the documentation above shall be deemed as not granted.
14.0 DISPUTE RESOLUTION
If a dispute between the Client and Luca Studio arises and agreement is not reached within 14 days, the dispute may be referred to arbitration by either party. If the parties do not agree on an arbitrator, either party may request the chairperson of the State Chapter of the Institute of Arbitrators Australia to nominate an arbitrator. The request shall indicate that the nominee shall not be an employee of the Client or Luca Studio nor a person who has been connected with the work in relation to services provided.
This clause shall be read and construed on the basis that its provisions are subject to the provisions of the Queensland Building and Construction Commission Act 1991 as amended and any other Statute containing relevant provisions.
15.0 GOVERNING LAW
These terms & conditions and any matter arising out of it shall be governed by the laws of the State of Queensland and the Commonwealth of Australia as appropriate.