Terms & Conditions of engagement for drafting, design and documentation services provided by Northern Beaches Drafting (ABN 13 615 431 797).
These Terms & Conditions govern the provision of drafting, design and documentation services by Northern Beaches Drafting ("the Company", "we", "us") to you ("the Client") in connection with any project in New South Wales. By signing or accepting a Fee Proposal, you agree to be bound by these Terms. These Terms should be read alongside any Fee Proposal issued to you.
Governing law: These Terms are governed by the laws of New South Wales and the Commonwealth of Australia, including the Design and Building Practitioners Act 2020 (NSW), the Home Building Act 1989 (NSW), the Environmental Planning and Assessment Act 1979 (NSW), the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), and the Copyright Act 1968 (Cth).
Our services are limited to those described in the accepted Fee Proposal. The scope covers drafting and design documentation for the relevant approval pathway (CDC or DA) as specified. Any work beyond the agreed scope, including additional design iterations, attendance at meetings, site visits, responding to council requests, amendments following client instructions after sign-off, or re-lodgement of applications, constitutes a variation and will be charged at our standard hourly rate (currently $165 + GST per hour) or as otherwise agreed in writing before work commences.
Fees are as stated in the accepted Fee Proposal (exclusive of GST unless otherwise stated). GST is payable in addition at the prescribed rate. Payment is due within 7 days of each invoice date unless otherwise specified. Fees are structured as milestone-based stage payments, and progress to the next stage will not commence until the preceding stage invoice has been paid in full. A non-refundable engagement deposit is payable upon acceptance of the proposal and prior to any work commencing. Late payments attract interest at 10% per annum calculated daily from the due date. The Company may suspend services and withhold deliverables (including drawings) if any invoice remains outstanding beyond 30 days. All reasonable costs of debt recovery (including legal and agency costs) are recoverable from the Client.
A variation arises where the Client requests work outside the agreed scope, amends the project brief after a design stage has been signed off, or where unforeseen circumstances require additional documentation (for example, changes required by council, certifier or engineer). Variations must be approved in writing by both parties before the additional work commences. The Company will provide a written variation quotation specifying the additional fee and any extension of time. Variations not approved in writing will not be carried out.
All drawings, plans, specifications, 3D models and other works produced by the Company remain the intellectual property of Northern Beaches Drafting and are protected under the Copyright Act 1968 (Cth). A limited, non-exclusive, non-transferable licence is granted to the Client to use the documents solely for obtaining approval and constructing the project described in the Fee Proposal, and only once all invoices have been paid in full. Title to all documents and intellectual property does not pass to the Client until full payment is received. The Client must not reproduce, adapt, assign or allow third parties to use the Company's documents without prior written consent. The Company may use project images and documentation for portfolio, marketing and promotional purposes unless the Client requests otherwise in writing at the time of engagement.
The Client agrees to: (a) provide accurate, complete and timely instructions and information; (b) grant or arrange lawful access to the property for inspection and measurement; (c) promptly review and provide written approval at each design stage before work progresses; (d) ensure all information provided regarding site dimensions, encumbrances, easements, drainage or other matters is accurate, the Company accepts no liability for errors resulting from incorrect information provided by the Client; (e) engage and pay all third-party consultants required for the project; and (f) promptly notify the Company of any change to the project, its ownership, or any instruction from a regulatory authority.
The Company's services are provided in accordance with applicable NSW legislation, including the Environmental Planning and Assessment Act 1979 (NSW), the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW), and the Design and Building Practitioners Act 2020 (NSW). Where proposed work constitutes 'building work' on a 'regulated building' under that Act, the Company will advise the Client accordingly and, where registered and required, prepare regulated designs and/or compliance declarations. For Class 1 residential buildings, the typical scope of CDC alteration and addition work, the regulated design and declaration requirements do not currently apply, though the Company's duty of care obligations under Part 4 of the Act apply to all construction work. All drawings comply with the Building Code of Australia, relevant Australian Standards and applicable council and certifier requirements. The Company does not guarantee council or certifier approval and is not responsible for changes required by regulatory authorities.
The Company will prepare documentation for submission to the relevant authority (council or private certifier). The Company is not responsible for the assessment, determination or timing of approvals by council, the NSW Planning Portal, certifiers, Sydney Water or any other regulatory body. Approval conditions imposed by any authority, and any amendments required as a result, constitute a variation under Clause 3. The Company is not responsible for delays caused by third-party authorities, external consultants, or changes to planning controls occurring after the engagement date. The Client is responsible for all government fees, levies, certifier fees and consultant costs not expressly included in the Fee Proposal.
Both parties agree to keep confidential all proprietary or sensitive information disclosed during the engagement. The Company will not disclose the Client's personal information to any third party except as required to carry out the services (for example, sharing drawings with engineers, certifiers or council) or as required by law. The Company handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
To the maximum extent permitted by law (including the Australian Consumer Law), the Company's total aggregate liability to the Client for any loss, damage or claim arising out of or in connection with the services, whether in contract, tort (including negligence), equity or otherwise, is limited to the total fees paid by the Client for the specific stage of work giving rise to the claim. The Company is not liable for any indirect, consequential, special or economic loss, including loss of profits, revenue, delay costs or opportunity. Nothing in these Terms excludes, restricts or modifies any statutory guarantee that cannot be excluded under the Australian Consumer Law. The Client indemnifies the Company against any loss or claim arising from the Client's provision of incorrect or incomplete information, or from use of the Company's documents in a manner inconsistent with these Terms.
The Company maintains professional indemnity insurance appropriate to the nature and scale of services provided. Where the Company is required to hold registration under the Design and Building Practitioners Act 2020 (NSW) for specific regulated work, insurance compliant with that Act will be maintained. The Client is responsible for arranging their own property, construction and public liability insurance for the project.
Either party may terminate this engagement by providing 14 days' written notice. The Company may suspend or terminate services immediately on the Client's failure to pay any invoice by its due date, failure to provide instructions, or material breach of these Terms. On termination, all fees for work completed to the date of termination are immediately due and payable, and the Company will release completed documentation only on receipt of all outstanding payments. On termination by the Client for convenience, a cancellation fee equal to 20% of the remaining unbilled contract value (or the reasonable cost of work in progress, whichever is greater) applies. On termination by the Company due to the Client's breach, the full contract value remains payable.
The parties agree to attempt to resolve any dispute by good-faith negotiation in the first instance. If a dispute is not resolved within 14 days of written notification, either party may refer it to mediation administered by the Australian Disputes Centre (or a mutually agreed mediator), with costs shared equally. If mediation is unsuccessful, either party may pursue their legal rights. Disputes may also be referred to NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT) in accordance with the Home Building Act 1989 (NSW). Note that arbitration clauses are void in residential building contracts under section 7C of the Home Building Act 1989 (NSW); accordingly no arbitration provision applies to the extent this agreement constitutes a residential building contract.
The Company is not liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including acts of God, floods, fire, pandemic, government restrictions, industrial disputes, or failure of third-party services or utilities. The Company will notify the Client as soon as practicable of any such event and resume performance as soon as reasonably possible.
These Terms and the accepted Fee Proposal constitute the entire agreement between the parties and supersede all prior representations, negotiations and agreements. Any amendment must be agreed in writing and signed by both parties. If any provision is found void or unenforceable, the remaining provisions continue in full force and effect.
Our services come with guarantees under the Australian Consumer Law that cannot be excluded. These include that services will be rendered with due care and skill, will be fit for the purpose for which they are supplied, and will be delivered within a reasonable time. Nothing in these Terms is intended to exclude or limit any right or remedy the Client may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded.
Northern Beaches Drafting · ABN 13 615 431 797 · The Entrance, NSW 2261 · 0414 978 499