Terms of Service

Thanks for using Draftee! These terms of service (“Terms“) cover your use and access to our services, client software and websites (“Services“). If you reside in Australia or New Zealand your agreement is with Draftee Pty Ltd. Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms of Services, Terms of Trade, Privacy Policy and Website Terms of Use. The following terms also apply to all projects delivered by Draftee, where a quotation was provided to the customer outside of the online application (through email or letter).

If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. Furthermore, by creating a project within our system (app.draftee.com.au) , you agree to and acknowledge the following Terms of Services & Trade for the individual project.

 

Responsibilities

Draftee will ensure that all services are provided to you in a professional and timely manner.

You are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us.

 

Project Orders

All projects created and ordered through the Draftee platform are viewed as orders for Draftee Pty Ltd to commence work upon immediately.

 

Appropriate Practices

Draftee reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed.

 

Termination of Service

We reserve the right to terminate your account at any time. In the event of account cancellation you will lose all data related to Your account.

 

Our process

Preliminary

The preliminary process is the initial phase of our drafting workflow, in which we develop a preliminary plan / model to gather feedback and comments from you. This initial phase is required among all of our services and forms apart of all Working Drawing, Town Planning and Construction projects. A down payment or progress payment may be sent to you prior to the completion of the initial Preliminary phase, or may act as a preliminary deposit before project commencement. The scope of Preliminary Plans is outlined below under Scope of Works.

Construction Plans / Town Planning Drawings

During this phase, we further develop our Preliminary Plans to provide a full scope of works upon what is required. The scope of Construction Plans and Town Planning Drawings is outlined below under Scope of Works.

 

Delivery Times

All delivery times provided by Draftee are considered an estimated time frame only. Draftee cannot be held accountable for time frames that have not been met.

 

Project Templates, Format and File Type

All works are provided to customers in Draftee’s standard template and format unless requested prior to project commencement, where a extra set up cost will incur. This includes title blocks, dimensions and layouts. All works are created in Autodesk Revit and delivered in PDF format.

 

Estimated Pricing

Unless otherwise stated in writing, any estimates which we provide to you of our anticipated fees, disbursements and charges for any of our services are only indicative of the amounts you can expect to be charged. Estimates are not quotes and are not binding on us.

 

Site Travel

We will try and offer you the best pricing for engineering, site surveying and soil testing through our preferred partners across Australia. A travel charge for each of the previously mentioned services will incur at the rate of AUD 1.00 per km (to and from site) outside of our preferred partners covered areas.

 

Call out fee

A call out fee of AUD 49.99 per trip will be charged to you for any projects that require on-site investigations or any related activities in the Melbourne region. Any call out’s made outside of the Melbourne metropolitan region will be charged at the rate of AUD 1.00 per km (to and from site) outside of the region.

 

Minimum project size

Standard pricing only applies to projects over the total area size (floor plans,garage and alfresco) of 200m2. Any projects below this size will be charged at a rate equal to 200m2 unless otherwise provided in writing.

 

Change in project size

Amendments that are added during the project may increase or decrease the size of the project. Changes in size will be reflected in the final invoice, unless otherwise provided in writing.

 

Project Amendments and Alterations

All project design amendments and alterations must be made during the Preliminary Phase of your project. Any amendments or alterations made on your behalf during the Construction and Working Drawing Phase may incur additional charges (charged at an hourly rate of $50.00 (incl. GST) per hour).

 

Square metre rate

Draftee charges all residential, and town planning projects at a square metre rate. This square metre rate covers the entire scope of works Draftee Pty Ltd drafts or models including, but not limited to, floor plan area, existing areas, driveways, patios, pergolas, concrete slab areas, and decks.

 

Redraw / Project modifications

Scope of works does not cover complete redraws or reworks of existing projects. A quote will be given for any redraws required.

 

Scope of Work

You agree that any work requested by us will be include all items in the following scope of works. The complete scope of works it outlined in Schedule A of this document.

 

Project Specification

A project specification must be given to Draftee prior to project commencement for the completion of Construction & Working Drawings. A project specification may include, but is not limited to, window and door schedules, PC items, Ceiling heights, Floor covering areas, Extent of cabinetry, special window requirements.

Any specification information that is not provided will be substituted by alternative items as provided by Draftee. Any specification items that are added after the project has commenced will be considered as Out of Scope work and may incur additional hourly charges.

 

Additional Hours

If the scope of work is changed after the project has started, or additional work is required to be completed, you acknowledge that you will be invoiced for the number of hours (at the standard rate of $50.00 AUD per hour incl. GST) required to complete the additional out of scope items.

 

Delivery of Service

You acknowledge and aware that all services are delivered to you through the Draftee online software. All projects uploaded to the Draftee platform are deemed as completed and received on your behalf if you are, or are not, notified through any other channels.

 

Intellectual Property

Any works, concepts, preliminary, town planning and construction drawings designed and published Draftee remains the intellectual property of Draftee Pty Ltd. All works provided to you, the customer, are granted in the form of an exclusive license which may not be sold, transferred, replicated or reproduced.

 

Copyright Release

A fee may be charged for the copyright release on any intellectual property created and supplied by Draftee Pty Ltd. The release fee will be to the discretion of Draftee Pty Ltd.

 

Cancellation

You agree that once an order has been placed and work has commenced on the project, the total cost of works will still apply. All payments to Draftee are non-refundable.

 

Entire Agreement

These Terms constitute the entire agreement between you and Draftee with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

 

Republishing

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

  1. you must make no alterations to the material;
  2. you must attribute the material to our Site, including linking back to our Site where possible; and
  3. you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

 

Your content

If you choose to add any content on the Site, you:
  1. warrant to us that you have all necessary rights to post the content;
  2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
  3. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

 

Third party information

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

 

Third party links and websites

This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

 

Reservation of rights

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

 

Delays and outages

We are not responsible for any delays or interruptions to our service and/or online service. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the service will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

 

Limitation of liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, our service / online service. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

 

Disclaimer

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
  1. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
  2. Third Party Information; or
  3. Third Party Sites. You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

 

Amendment

We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.

Indemnity

By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

  1. your use of or access to the Site;
  2. any breach by you of these Terms; or (c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

 

Breach

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

 

Exclusion of competitors

You are prohibited from using the Site and online service, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

 

Enforceability

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

 

Further assurances

Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

 

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

 

Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

 

Jurisdiction

Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

Terms of Trade

Standard pricing is charged on a square metre rate and is GST inclusive. If a square meter rate cannot be applied to your project, due to any circumstance, including out of scope work, we will inform you and an hourly labour rate of AUD 50.00 (including GST) will be applied. Out of scope projects include, but are not limited to, Granny Flats, Decking, Pergolas and renovations.

Standard pricing advertised on our website does not include any design consultation. All design consultation is quoted separately to our standard pricing.

Upon completion of work an invoice will be issued to the email address provided by the account owner. Invoices are due immediately and must be paid to release any documentation. Draftee holds the right to withhold any documentation or put projects on hold due to failure to pay invoices.

All invoices are covered by the Building and Construction Industry Security of Payment Act 2002, whether stated on the invoice or not, in which Draftee Pty Ltd reserves the right to fast track any unpaid claims that are outstanding. If you fail to make payment outside of the 15 days, Draftee holds the right to appoint an Authorised Nominating Authority (ANA), or a debt collection agency, to resolve any unpaid claims. In the event of this occurring, you agree to indemnify for all such costs including administration ($50.00 per hour incl. GST), collection (30 per cent of the outstanding amount), interest, adjudicator and legal costs that are incurred by Draftee Pty Ltd, in relation to the outstanding amount, which will be added to the total outstanding invoice. The interest fee will be calculated at the rate of 5 per cent (5%) above the National Australia Bank Base Indicator Lending Rate published each Monday.

Terms of trade are strictly 15 days from issue of invoice.

Schedule A
Scope of Works

Preliminary Plans

  • Cover page (incl. 1x 3D visual representation of project)
  • Site Plan
  • Floor Plan(s)
  • Elevations (4x)

 

Construction Plans

  • Cover Page (incl. 3D visual representation of project)
  • Site Plan
  • Floor Plan(s)
  • Elevations (4x)
  • Electrical Plan
  • Floor Cover Plan
  • Sections (2x)
  • Slab Layout Plan
  • Site Cut Plan
  • Window and Door Schedules

 

 

Town Planning Drawings

 

  • Cover page (incl. 3D visual representation of project)
  • Site Plan
  • Floor Plan(s)
  • Elevations (4x)
  • Proposed Street Elevation
  • Schematic Floor Plan
  • Elevations (4x)
  • Schematic Site Plan
  • Site / Neighbourhood Analysis
  • Shadow Plan

 

 

Town Planning Construction Package

 

  • Cover page (incl. 3D visual representation of project)
  • Site Plan
  • Floor Plan(s)
  • Elevations (4x)
  • Proposed Street Elevation
  • Schematic Floor Plan
  • Elevations (4x)
  • Schematic Site Plan
  • Site / Neighbourhood Analysis
  • Shadow Plan
  • Electrical Plan
  • Floor Covering Plan
  • Sections (2x)
  • Slab Layout
  • Site Cut Plan
  • Window and Door Schedules
  • Advanced Dimensioning

 

For questions and notices, please contact us at:

Draftee Pty Ltd (ACN 610 506 011)
2/420 Collins Street
Melbourne VIC 3000

Last update: 7 July 2017