Conditions of Engagement
Terms and Conditions of Engagement
These terms apply to a person (client) engaging North Coast Design Pty Ltd, ABN: 27 090 766 073 to provide professional services.
These terms must be read in conjunction with any proposal and authority to act from North Coast Design to the client that reference these terms – This governs the scope and contract for services provided.
All quotations are provided based on the information provided as of the quoted date. Changes to the scope of works and/or design may incur an additional fee.
Authority and Liability
In the case of a client who is an individual natural person: I confirm that I agree to the terms and conditions of engagement, and that I will be personally liable for any unpaid moneys owing to North Coast Design Pty Ltd for works or disbursements arising out of this engagement.
In the case of more than one natural person: We confirm that we agree to the terms and conditions of engagement, and that we will be personally liable, jointly and severally, for any unpaid moneys owing to North Coast Design Pty Ltd for works or disbursements arising out of this engagement.
In the case of a client who is a company, partnership, trust, Government agency or other corporate entity: I confirm that I am an authorised officer of the client organisation for the purposes of entering this contract. In that capacity, I agree to the terms and conditions of engagement, and that (if a Director of the client) I will personally guarantee moneys owing to North Coast Design Pty Ltd for works or disbursements arising out of this agreement.
Terms of Payment
The client will pay North Coast Design Pty Ltd the fees and disbursements as invoiced, including any applicable goods and services tax (GST).
A deposit may be required before the commencement of any works.
Progress payments may be required according to the achievement of milestones or delays within the project.
The terms of payment to North Coast Design Pty Ltd are fourteen (14) days from the date of invoice unless agreed upon in writing and signed by both parties.
If the client disputes any amount invoiced by North Coast Design Pty Ltd, the client will notify North Coast Design Pty Ltd within ten (10) days of the date of the invoice.
Any such dispute does not constitute grounds for non-payment of any amount other than that in dispute.
Interest on Overdue Payments
If payment is not received within the agreed terms, North Coast Design Pty Ltd will charge the client interest on unpaid moneys at a rate of five percent (5%) per annum, from the date of the invoice, calculated daily and compounding monthly, until such moneys are received in North Coast Design Pty Ltd nominated bank account. The client will pay North Coast Design Pty Ltd such interest, and the debt will not be discharged until all such interest is paid.
Costs of Recovery
If North Coast Design Pty Ltd incurs any costs in recovering overdue or unpaid moneys, including but not limited to its own administrative expenses, search fees, debt collecting agency fees, court costs, caveat preparation and lodgment fees, and/or legal fees, the client will reimburse North Coast Design Pty Ltd in full for such costs, and the debt will not be discharged until all such reimbursements are paid.
North Coast Design Pty Ltd reserves the right to lodge a caveat over the land in the event that the debt has not been fully discharged.
Documents – Confidentiality and Ownership
The documents produced under this engagement are deemed confidential unless North Coast Design Pty Ltd is notified otherwise. North Coast Design Pty Ltd will not provide the documents to a third party, unless required by law to do so, without the client’s approval.
Property in the documents, including copyright, remains with North Coast Design Pty Ltd until all moneys owing to North Coast Design Pty Ltd under this engagement are paid in full.
Any documentation, unless stated otherwise, is for single use only on the agreed upon lot of land. The copyright of the intellectual property remains with North Coast Design Pty Ltd.
Unless agreed prior, the client consents to North Coast Design Pty Ltd using images and general descriptions relating to the client and the services provided to the client pursuant to the contract for the purposes of case studies, advertising, editorial, educational or similar purposes on its website or in other publications (of any nature and in any medium) subject to not disclosing any confidential or personal information.
Release of Documentation
Upon completion of the quoted works, all documentation will have a watermark which will be only be removed once the entire invoiced amount has been received in North Coast Design Pty Ltd nominated bank account.
If we decide to change our Conditions of Engagement, we will update our Conditions found on our website: https://www.ncdesign.com.au/conditions-of-engagement/. We reserve the right to modify our Terms and Conditions at any time.