Terms and Conditions of Service

 

Thanks for using Draftee! These Terms cover your use and access to Draftee’s Services.

Draftee’s Privacy Policy explains how Draftee collects and uses your information.

By using Draftee’s Services, you agree to be bound by these Terms, the Privacy Policy and the Website Terms of Use.

These Terms apply to all Services provided by Draftee.

 

 

1. Project Orders and Commencement

 

1.1. Project Commencement occurs when an Order is placed by you.

1.2. Draftee may commence work on an Order immediately.

1.3. By submitting an Order, you give Draftee approval to proceed with the Preliminary Process and seek further instructions to define your requirements if and where required.

1.4. A deposit or progress payment may be requested by Draftee:

a) on or before Project Commencement; or

b) prior to, during or after the completion of the Preliminary Process.

1.5. Project Specifications must be given to Draftee prior to Project Commencement for the completion of Working Drawings.

1.6. Where Project Specifications have not been provided to Draftee by you prior to Project Commencement, Draftee may substitute alternative items where Draftee reasonably requires.

1.7. All works are provided to you in Draftee’s Standard Template and Format unless requested prior to Project Commencement.

1.8. Where you request not to use the Standard Template and Format or request an Alternative Format, a Set Up Cost will be incurred.

1.9. Any adjustments to the Project Specifications must be made during the Preliminary Process, otherwise the work will be deemed Out of Scope.

 

 

2. Preliminary Process

 

2.1. The Preliminary Process forms part of all Working Drawings.

2.2. The scope of Preliminary Plans is outlined in Schedule 2.

2.3. The Preliminary Process ends when the Preliminary Plan is finalised by Draftee.

 

 

3. Construction Plans / Town Planning Drawings

 

3.1. During this phase, Draftee will further develop the Preliminary Plans to provide a scope of works upon what is required.

3.2. The scope of Construction Plans and Town Planning Drawings is outlined in Schedule 2.

 

 

4. Scope

 

4.1. You agree that any Order includes all items set out in Schedule 2.

4.2. The Scope of Work does not include Out of Scope Work which is governed by clause 9.

 

 

5. Pricing

 

5.1. If Draftee provides you with an estimate of anticipated fees, disbursements and charges, the estimate is only indicative of the amount you can expect to be charged and is not a Quote nor is not binding on Draftee.

5.2. Where the project is:

a) Above the Minimum Size, Draftee will charge you the Standard Rate, unless otherwise stated by Draftee.

b) Below the Minimum Size, the project will be separately quoted based on the Minimum Size, unless otherwise stated by Draftee.

5.3. Where Out of Scope Work is required, the Standard Rate will apply and a Variation Quote will be issued by Draftee, unless otherwise stated by Draftee.

 

 

6. Invoices

 

6.1. Draftee has the right to make a payment claim for obligations performed under these Terms in accordance with the provisions of the Act.

6.2. Invoices may be made under the Act for any progress payments for any work supplied from Project Commencement with a final invoice provided at completion of the project.

6.3. For the purposes of service under the Act email is sufficient in addition to any other method of service permitted by law.

6.4. All invoices must be paid within 15 business days after service unless otherwise stated on the invoice. Where payment is late, interest will be charged and calculated daily at the rate of 12% per annum.

6.5. Where an invoice has not been paid within the time period specified above, Draftee reserves the right to withhold any documentation or place projects on hold.

6.6. If there is a dispute about payment, Draftee reserves the right to:

a) use the dispute resolution methods provided in the Act;

b) apply for adjudication to an ANA who will nominate an adjudicator for the dispute;

c) issue proceedings for the disputed amount where only part of a payment claim is disputed in accordance with the Act; and

d) recover all costs incurred by Draftee in recovering any money due to it on an indemnity basis.

6.7. If an ANA is appointed, you agree to indemnify Draftee for all costs associated with this process.

 

 

7. Delivery of Orders

 

7.1. You agree that all Services are delivered to you through the Draftee online software.

7.2. All projects uploaded to the Draftee platform are deemed as completed and received by you whether or not you are notified through any other channels.

7.3. Unless agreed upon by Draftee, all drawings will be issued in digital (PDF) format.

 

8. Delays and Outages

 

8.1. All delivery times provided by Draftee are considered an estimated time frame only.

8.2. Draftee cannot be held accountable for time frames that have not been met.

8.3. Draftee is not responsible for any delays or interruptions to Draftee’s service or online service.

8.4. Draftee will use commercially reasonable efforts to minimise delays and interruptions.

8.5. Draftee does not warrant that the service will be available at all times or at any given time.

8.6. Draftee may at any time and without notice to you, discontinue the Site in whole or in part.

8.7. Draftee is not responsible for any loss, cost, damage or liability that may result from Draftee’s discontinuance of the Site.

 

 

9. Directions and Variations

 

9.1. Except where the Terms otherwise provide, a direction may be given orally, but you must confirm any direction in writing as soon as practicable.

9.2. You may direct Draftee through written notice (including email) to vary the Scope of Work provided.

9.3. Draftee is not obliged to comply with directions or variations which would change the Scope of Work for the services provided for under these Terms if Draftee provides you with written notice within 7 days of the direction or request for variation.

9.4. Any variation to the Scope of Work as a consequence of your direction will vary the Quote payable to Draftee.

9.5. Where a variation is requested or a direction is given and Draftee provides written notice with 7 days of the variation request or direction, Draftee must also provide a Variation Quote for carrying out the direction or variation, which you must confirm within 7 days.

9.6. The fees proposed for the variation may be calculated using the Standard Rate, or any other applicable method determined by Draftee.

9.7. If you do not confirm the Variation Quote within 7 days, the Variation Quote is deemed as accepted by you and Draftee may proceed with the variation.

9.8. Where an error or omission occurs due to the fault of Draftee, Draftee will rectify the error or omission at its own expense.

9.9. Where Draftee performs work which complies with an Order but alterations or additions are required due to circumstances beyond the reasonable control or anticipation of Draftee, any alteration or addition shall be deemed a variation and clauses 9.1 to 9.7 apply.

 

10. Draftee’s Rights and Obligations

 

10.1 Draftee will use reasonable endeavors to provide Services to you in a manner required by law.

10.2. If you choose to add any content on the Site, you:

a) warrant to Draftee that you have all necessary rights to post the content;

b) grant Draftee a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit Draftee to authorise any other person to do the same thing; and

c) 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.

10.3. Draftee reserves the right to delete or remove any of your content on the Site.

 

 

11. Your Rights and Obligations

 

11.1. You have the right to Republish.

11.2. You are required to provide Draftee reasonable access to all relevant individuals and documents required by Draftee.

11.3. You shall be responsible for both the completeness and accuracy of any and all information supplied to Draftee.

11.4. You must, at your own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

 

 

12. Breach

 

12.1 If either party breaches these Terms, the other party is entitled to provide written notice terminating the agreement if the breaches are not remedied within 7 days.

12.2. The written notice must state reasonable details of the breach and specifying the date which the breach was committed.

12.3. Where the party who committed the breach, within the 7 days, fails to provide written notice showing reasonable grounds by which the breach was committed or remedying the breach, the party providing the notice will be entitled to terminate.

 

13. Termination

 

13.1. Draftee’s engagement may be terminated at any time by mutual agreement or by you giving at least 7 days written notice (including email) to Draftee.

13.2. Draftee’s engagement may be terminated immediately if:

a) Your Order has a change in control (being a change in any person who directly or indirectly exercises control over your Order), which Draftee reasonably believes would negatively affect your ability to comply with these Terms;

b) You commit a substantial breach of these Terms, which is not capable of remedy; or

c) You behave in a way that Draftee considers may be contrary to Draftee’s Terms of Service, Terms of Trade, Privacy Policy, Website Terms of Use, or may be regarded by the public as unacceptable, or may be detrimental to the reputation of Draftee if it continued its association with you.

13.3. A substantial breach includes, but is not limited to:

a) the non-payment of fees due and payable;

b) a failure to remedy a breach of these Terms; and

c) a failure to provide Services within a reasonably timely manner.

13.4. Where termination has occurred, Draftee is entitled to reasonable payment from you all costs incurred for the work carried out up to and including the date of termination, together with any costs and expenses incurred by Draftee to that date.

13.5. In the event of termination by Draftee, you will lose all data related to your account.

 

 

14. Indemnity

 

14.1. By using the Site and Service, you agree to indemnify and hold Draftee (and Draftee’s 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:

a) your use of or access to the Site and Service;

b) any breach by you of these Terms; or

c) any willful, unlawful or negligent act or omission by you.

14.2. This indemnity will survive the Terms and your use of the Site, Service and Project.

 

 

15. Limitation of liability

 

15.1. To the extent permitted by law, Draftee excludes 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, Draftee’s service and online service.

15.2. To the extent permitted by law, Draftee excludes 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.

15.3. To the l extent permitted by law Draftee’s liability for any implied warranty or condition is limited, at the choice of Draftee, to one or more of the following:

a) If the breach of an implied warranty or condition relates to services:

i) the supply of the services again; or

ii) the payment of the cost of having the services supplied again.

b) If the breach of an implied warranty or condition relates to goods:

i) the replacement of the goods or the supply of equivalent goods;

ii) the repair of such goods;

iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

iv) the payment of the cost of having such goods repaired.

 

 

16. Invalidity and Enforceability

 

16.1. If any provision of these Terms is found to unenforceable by a court or tribunal, 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.

 

 

17. Assignment

 

17.1. You must not assign or transfer your rights or obligations under these Terms without the prior written consent of Draftee, which consent must not be unreasonably withheld.

17.2. In the performance of Draftee’s obligations, Draftee shall have the right, in its sole discretion, to subcontract its rights and responsibilities to any third party, provided that Draftee’s shall remain responsible for the performance of any such third party.

 

 

18. Jurisdiction

 

18.1. 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.

18.2. 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.

18.3. Draftee makes 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.

 

 

19. Amendment of Terms

 

19.1. Draftee may, at any time, and at Draftee’s sole discretion, modify these Terms, including the Privacy Policy, with or without notice to you.

19.2. Any such modification will be effective immediately upon public posting. Your continued use of Draftee’s Service and this Site following any such modification constitutes your acceptance of these modified Terms.

 

 

20. Intellectual Property

 

20.1. Any works, concepts, preliminary, town planning and construction drawings designed and published Draftee remains the intellectual property of Draftee.

20.2. The drawings, specifications and other documents provided by Draftee are the property of Draftee whether the work for which they are made is executed or not.

20.3. You are granted a non-exclusive license to use the drawings, specifications and other documents for the works for which they are made.

20.4. They must not be used for other work except by agreement with Draftee.

20.5. They must not be sold, transferred, replicated or reproduced without prior agreement with Draftee.

20.5. Copyright in all drawings, specifications and other documents and in the work executed from them remains the property of Draftee.

 

 

21. Disclaimer

 

21.1. 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. Draftee does 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.

21.2. While Draftee will endeavour to keep the Site and Information up to date and correct, Draftee make no representations, warranties or guarantee, express or implied, about:

a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;

b) Third Party Information; or

c) 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

21.3. This Site may contain links to Third Party Sites. Draftee does 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.

21.4. The Site may contain Third Party Information. Draftee does 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.

 

Schedule 1 – Definitions

 

Act means Building and Construction Industry Security of Payment Act 2002 (Vic).
Additional Hours means time required to do Additional Work charged at the Standard Rate.
Additional Work means:

a) work outside the Scope of Work;

b) work required after the commencement of the project;

c) work required due to a change in the project; and

c) work required after the completion of the project.

Alternative Format means CAD or any other format, other than the Standard Template and Format, as requested by you.
ANA means Authorised Nominating Authority.
Call Out Fees means a call out fee of AUD $49.99 per trip will be charged to you for any projects that require on-site investigation, client meetings or 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.

Changes in Project Size means amendments that are added during the project that may increase or decrease the size of the project. These changes will be reflected in the final invoice, unless otherwise provided in writing.
Disbursements means expenses reasonably and properly incurred in connection with services provided and includes, but is not limited to:

a) fees paid by Draftee to statutory authorities having jurisdiction over the project;

b) advertisements and published notices authorised by the client in connection with the project;

c) the provision of more than 6 copies of any drawings or documents other than those used by Draftee in his or her own office or for the direction of Consultants appointed under this agreement;

d) the provision of all forms of building or other contracts;

e) photographic records authorised by the client; and

f) special services as requested by the client which may include models, maintenance manuals and work as executed drawings.

Draftee means Draftee Pty Ltd or any company working for or in connection with Draftee Pty Ltd.
Hourly Rate means an hourly labour rate of AUD $50.00 (including GST).
Minimum Size means total area size, including floor plans, garage and alfresco, of 200m2.
Order means the project is created and submitted to Draftee through any method, including but not limited to use of the Site, by letter, by email or verbally.

The Order is annexed in Schedule 3.

Out of Scope Work means work not contemplated in Schedule 2, or described in quote provided by Draftee,  and includes the following (which is not an exhaustive list):

a) Redraws;

b) Changes in Project Size;

c) Additional Hours;

d) Call Out Fees;

e) Site Travel;

f) projects including, but are not limited to, Granny Flats, Decking, Pergolas and renovations;

g) Disbursements;

h) specification items added after the project has commenced;

i) amendments required to meet council or development approval;

j) Set Up Cost; and

k) alternations to Project Specifications after the Preliminary Process, including but not limited to changes made during the construction or town planning development.

Preliminary Plan means a BIM Model or any other model that may be created at the discretion of Draftee. Draftee does not use CAD to create a BIM Model, however may use any program requested by you charged at the Standard Rate.
Preliminary Process means the initial phase of Draftee’s drafting workflow, in which Draftee will develop a Preliminary Plan to gather feedback and comments from you.
Privacy Policy means http://www.draftee.com.au/privacy-policy/
Project Commencement means when  Draftee may begin work on an Order.
Project Specifications may include, but is not limited to, window and door schedules, PC items, ceiling heights, floor covering areas, extent of cabinetry, special window requirements and anything further reasonably required by Draftee.
Quote means the total cost of work provided by Draftee for the Scope of Works.
Redraws means complete redraws or reworks of existing projects.
Republish means you may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

a) you must make no alterations to the material;

b) you must attribute the material to Draftee’s Site, including linking back to Draftee’s Site where possible; and

c) 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.

Set Up Cost refers to the cost incurred when you have elected not to use the Standard Template and Format and will be reasonably determined by Draftee based on the Alternative Format requested and the scale of work required. Draftee may decide to use any method of determining this cost and is not limited to the Standard Rate.
Scope of Work means and includes any item included in Schedule 2.
Services means any and all service provided by Draftee, Draftee’s client software and Draftee’s websites.
Site means the website in which the order was placed.
Site Travel means a travel charge to and from a site where work is required to be carried out by engineering, site surveying and soil testing by preferred partner services in Australia. A fee for these services will be incurred at the rate of AUD $1.00 per km to and from site, outside of Draftee’s preferred partners covered areas.
Standard Pricing means the price of Services as advertised on Draftee’s website and does not include any design consultation. All design consultation is quoted separately at the Standard Rate.
Standard Rate means a rate of $12.50 AUD per square metre.

If a square meter rate cannot be applied to your project, due to any circumstance, including Out of Scope Work, you will be informed the square metre rate does not apply and you will be charged the Hourly Rate.

Standard Template and Format means all works is created in Autodesk Revit and delivered in PDF format.
System means the website: app.draftee.com.au
Terms refers to this documents as the terms of service.
Third Party Information means information produced by third parties other than Draftee and includes, but not limited to user comments, guest articles and advertisements.
Third Party Sites means websites owned by third parties, other than Draftee.
Variation Quote means the total cost of work falling outside the Scope of Work, including but not limited to where a direction is given by you or where a variation is required.
Website Terms of Use means http://www.draftee.com.au/website-terms-use/
Working Drawings means any drawings reasonably required in order to complete Preliminary Plans, Construction Plans or Town Planning Drawings annexed in Schedule 2, or any other work deemed reasonably necessary by Draftee.

 


 

Schedule 2 – Scope of Works

 

Preliminary Plans Includes:

·         Cover page

·         Site Plan

·         Floor Plan (s)

·         Elevations (4x)

Construction Plans Includes:

·         Preliminary Plans

·         Electrical Plan

·         Floor Cover Plan

·         Sections (2x)

·         Slab Layout Plan

·         Site Cut Plan

·         Window and Door Schedules

Town Planning Drawings Includes

·         Preliminary Plans

·         Proposed Street Elevation

·         Schematic Floor Plan

·         Elevations (4x)

·         Schematic Site Plan

·         Site / Neighbourhood Analysis

·         Shadow Plan

Town Planning Construction Package Includes:

·         Preliminary Plans

·         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