Terms & Conditions
SERVICES AGREEMENT
Moreton Bay City Building Services Pty Ltd
ABN 67 611 584 966
1. Definitions
In this Agreement, unless the contrary intention appears:
1.1 Additional Charges means a charge in accordance with Moreton Bay City Building Services’ standard fees, or where applicable third party fee schedules, for additional work not set out in the Scope of Services document.
1.2 Agreement means this Services Agreement and includes a Scope of Services document and any annexure.
1.3 Charges mean the fees payable by you to us for the Services set out in a Scope of Services document.
1.4 Client means you, as named in the Parties section or Scope of Services.
1.5 Commencement Date means the date specified in a Scope of Services document.
1.6 Confidential Information means confidential information of a Party relating to the subject matter of this Agreement, including:
-
- Design and operation of deliverables;
- Information relating to you and your clientele;
- Information relating to our personnel, business strategies, policies, procedures, documentation and clientele;
- The terms of this Agreement.
1.7 Construction Services means building construction services provided by Moreton Bay City Building Services under a separate contract.
1.8 Deliverables means the outcomes to be achieved under a Scope of Services document.
1.9 Design Services means the design services described in a Scope of Services document supplied under this Agreement.
1.10 Disbursements means third-party disbursements incurred on your behalf including, but not limited to, soil reports, surveying, contour plans and engineering.
1.11 Dwelling means the dwelling to be constructed at the Location.
1.12 Expected Completion Date means the estimated completion date for the Design Services as set out in the Scope of Services document.
1.13 Insolvency Event means bankruptcy, administration, compromise with creditors, winding up, dissolution or similar event.
1.14 Intellectual Property Rights includes all patents, copyright, design rights, trade marks, know-how, confidential information and all similar rights arising from the Services.
1.15 Location means the dwelling address specified in the Scope of Services.
1.16 Party means either Moreton Bay City Building Services Pty Ltd or the Client.
1.17 Plans means design plans for the Dwelling owned by or licensed to Moreton Bay City Building Services.
1.18 Scope of Services means a document incorporated into this Agreement detailing the services to be supplied.
1.19 Start Date means the date this Agreement is executed by the Parties.
2. Scope of this Agreement
2.1 This Agreement applies where we supply Design Services in return for the Charges.
2.2 We provide the Design Services on the terms of this Agreement unless varied by a Scope of Services.
2.3 Upon requesting Services, you agree to complete and be bound by a Scope of Services.
2.4 If there is any inconsistency between this Agreement and a Scope of Services, this Agreement prevails unless otherwise specified.
2.5 Variations requested by you will incur Additional Charges.
3. Term
This Agreement commences on the Start Date and continues until terminated in accordance with clause 12.
4. Engagement
4.1 We will provide the Design Services in accordance with this Agreement and the Scope of Services.
4.2 We will use reasonable efforts to commence and complete services by the estimated dates provided. These dates are estimates only.
4.3 We may exercise discretion in the manner of performing the Design Services.
4.4 We may subcontract part or all of the Services.
5. Client Obligations
You must:
5.1 Respond promptly to requests and directions;
5.2 Comply with all payment obligations.
6. Acceptance
Instructions received from you for the supply of Services constitute acceptance of this Agreement.
7. Charges
7.1
You agree to pay the Charges as specified in the Scope of Services.
7.2
You agree to pay all Disbursements as invoiced.
7.3
Additional work outside scope will incur Additional Charges. The remaining 50% is payable once structural drawings and engineering commence.
7.4
A 50% upfront deposit is required for work under the Scope of Services.
7.5
If payment is not made within 14 days of the due date, we may charge interest at 18% per annum calculated daily and recover reasonable recovery costs.
7.6
If you dispute an invoice, you must notify us in writing within 7 days and pay the undisputed portion.
7.7
Charges are inclusive of GST.
7.8
Payment must be made using the methods stated on our invoices.
8. Warranties
8.1 We warrant that, to the best of our knowledge, our Services do not infringe third-party intellectual property rights.
8.2 Except as required by law, we make no additional warranties regarding suitability or fitness for purpose.
8.3 We will use accepted industry standards in performing Services.
8.4 You warrant that any materials you provide do not infringe third-party rights.
9. Liability
9.1
All implied terms are excluded to the extent permitted by law.
9.2
To the maximum extent permitted by law, we exclude liability for:
- Indirect or consequential loss;
- Loss of profit, revenue, business, goodwill or anticipated savings.
9.3
Where liability cannot be excluded, our liability is limited to:
- Re-supplying the Services; or
- Paying the cost of having the Services re-supplied.
9.4
Our total aggregate liability is limited to the amount of Charges paid for the Services.
10. Intellectual Property
10.1 We retain ownership of all Intellectual Property Rights created in providing the Services.
10.2 We grant you a royalty-free licence to use the Plans solely for the purpose of us constructing the Dwelling at the Location.
10.3 The licence does not extend to use by any third-party builder.
10.4 If you engage a third-party builder, the licence automatically terminates.
10.5 Unauthorised copying, reproduction or distribution of Plans constitutes a breach of our Intellectual Property Rights.
11. Default
If a Party breaches a material obligation:
- The non-defaulting Party may give 14 days’ written notice to rectify;
- If not rectified, the Agreement may be terminated and damages claimed.
12. Termination
12.1 This Agreement terminates upon completion of the Design Services.
12.2 Either Party may terminate with 30 days’ written notice.
12.3 Either Party may terminate immediately if:
- A material breach occurs and is not remedied.
- An Insolvency Event occurs.
Amounts owed up to termination remain payable.
13. General
13.1 This Agreement may only be varied in writing signed by
13.2 If a provision is invalid, remaining provisions remain enforceable.
13.3 Confidentiality and indemnities survive termination.
13.4 This Agreement constitutes the entire agreement between the
13.5 Queensland law governs this Agreement.
