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. Electronic File Use

4.1. The documentation supplied by Draftee must solely and only be used for the coordination and/or construction of the current project

4.2 Draftee does not warrant or take responsibility for the accuracy of the information used

4.3 Draftee accept no liability or responsibility for any loss or damage suffered by the recipient arising out of, or in connection with, the use or misuse of the documentation supplied

4.4 The documentation may not been prepared for use by the recipient and may not fully reflect their needs

4.5 The recipient is responsible for verifying the correctness and completeness of the information issued. This should be done by consulting all relevant documents supplied to Draftee prior and during the course of the project and by confirming dimensions on site.

5. Scope

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

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

6. Pricing

6.1. 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.

6.2. 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.

6.3. 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.

7. Invoices

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

7.2. 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.

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

7.4. All invoices must be paid within 30 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.

7.5. 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.

7.6. 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.

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

8. Delivery of Orders

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

8.2. 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.

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

9. Delays and Outages

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

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

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

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

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

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

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

10. Directions and Variations

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

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

10.3. 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.

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

10.5. 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.

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

10.7. 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.

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

10.9. 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.

10.10 If no direction or response is given to Draftee 14 days after a revision or project has been submitted, the project will be deemed as finalised and you will be invoiced for the outstanding balance of the project.

11. Draftee’s Rights and Obligations

11.1 Draftee will use reasonable endeavours to provide Services to you in a manner required by law.

11.2. 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.

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

12. Your Rights and Obligations

12.1. You have the right to Republish.

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

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

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

13. Breach

13.1 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.

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

13.3. 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.

14. Termination

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

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

15. Indemnity

15.1. 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.

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

16. Limitation of liability

16.1. 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.

16.2. 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.

16.3. 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.

17. Invalidity and Enforceability

17.1. 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.

18. Assignment

18.1. 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.

18.2. 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.

19. Jurisdiction

19.1. 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.

19.2. 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.

19.3. 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.

20. Amendment of Terms

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

20.2. 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.

21. Intellectual Property

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

21.2. 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.

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

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

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

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

22. Disclaimer

22.1. 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.

22.2. 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

22.3. 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.

22.4. 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

Schedule 2 – Scope of Works