Terms and Conditions
The general terms and conditions set out below apply to all commissions undertaken by Decaplan, ABN 51366725998 (hereafter Decaplan):
Definitions
"Commission": The scope of work to be undertaken by Decaplan for a client as specified in a Decaplan Proposal or as otherwise agreed in writing with a client.
"Decaplan Proposal": A document prepared by Decaplan for a prospective client normally describing a proposed scope of work, budget, time schedule, nominated personnel, and other relevant information.
"Standard Rates": Decaplan’s normal fee rates under which it charges clients for the provision of services.
"Subcontractor": A person or company nominated by Decaplan in a Proposal to undertake part of a scope of work but who is not an employee of Decaplan or a related corporate entity.
Role of Decaplan
1.1 Payment of an initial deposit by the client will be considered as the official commencement date of Decaplan's commission.
1.2 Decaplan will act in all professional matters as a faithful advisor to their client. Decaplan will exercise reasonable skill, care, and diligence in the provision of its professional services to the standard normally practiced by town planning professionals.
1.3 If Decaplan becomes aware of any matter which will change or which has changed the scope of services to be provided or the anticipated time period for the provision of those services, Decaplan will notify the client of this within a reasonable time of the subject circumstances changing.
1.4 Decaplan will exercise normal reasonable care regarding the services provided by sub-consultants retained on behalf of a client, but the subcontractor will remain ultimately responsible for the services it provides.
1.5 Decaplan will rely on the accuracy and completeness of all documents and information provided to Decaplan by or on behalf of a client in connection with the services being provided; Decaplan will not necessarily undertake its own investigation as to the accuracy of such information. Decaplan shall not be liable to the client, its officers, employees, and agents or to any other person, whether claiming by, through or under the client, for any claims, damages, costs, or expenses which may arise in connection with Decaplan’s performance of the services as a result of such documents or information being inaccurate or incomplete.
1.6 Decaplan does not guarantee that any advice, suggestions, or recommendations provided will result in the approval of any applications, permits, licenses, or other forms of authorisation. The decision-making rests solely with the respective consent authority, and their criteria may vary and change over time.
1.7 Decaplan does not serve to provide financial advice and is not responsible for any financial losses or other consequences arising from the use of our services or reliance on any information provided. It is the responsibility of the client to consult with qualified financial professionals before making any investment or financial decisions.
Role of the Client
2.1 A client shall make available to Decaplan, as soon as practical after the payment of an initial deposit by the client, all information, documents and other particulars relevant to the subject commission.
2.2 A client shall nominate a person or persons as their representatives. A client will agree that the nominated person has authority to act on its behalf for all purposes regarding a commission. Decaplan will not be obliged to accept or respond to instructions given by any person other than the nominated person/s.
2.3 The client shall make appropriate arrangements to enable Decaplan to enter such lands and/or buildings as are necessary to enable Decaplan to perform the required services. Any increase in time spent as a result of Decaplan’s reasonable access being denied will result in an increase in the project costs that would be charged according to Decaplan’s Standard Rates.
2.4 A client shall cooperate with Decaplan in all reasonable ways regarding the conduct of a commission being undertaken on its behalf.
Scope of a Commission
3.1 Decaplan will undertake all work in accordance with the scope presented in Decaplan’s Proposal unless agreed otherwise by both parties in writing. If work is required outside this scope, it will first be agreed with the client and the budget will be modified accordingly.
3.2 Decaplan’s involvement in a commission will cease upon receipt of a determination related to the specific commission undertaken. Any additional work necessitated by the determination will require a new quotation and agreement before proceeding.
3.3 Where applicable, the time schedule for completion of a commission will be as specified in Decaplan’s proposal or as otherwise modified in writing and agreed to with the client. An extension to the time schedule may result in additional costs and these would be communicated to the client.
Copyright
4.1 Decaplan shall retain ownership of the copyright to all reports, drawings, designs, displays, and other work produced by Decaplan during the course of undertaking a commission. Decaplan shall licence the client to use such documents and materials for the purpose of the subject commission.
4.2 Decaplan may agree to assign copyright if this is required by a client or if such a requirement is contained in a client’s brief. A client wanting assignment of copyright should request this in writing to Decaplan.
Payment for Services
5.1 In return for the provision of services specified in a Decaplan proposal, whether provided in stages or wholly, a client agrees to pay Decaplan the fees and expenses claimed in invoices submitted for the conduct of a commission within 21 days, provided such invoices accord with the Proposal.
5.2 A client agrees that if it fails to pay all monies claimed in a complying invoice within 21 days, that Decaplan will be entitled to additional payment on the monies outstanding. The additional payment will be interest (at an annual rate of 12%) charged on the outstanding monies commencing 22 days after the date of the subject invoice, plus any legal fees for the claim and associated administration time for Decaplan staff charged at Decaplan’s Standard Rates.
5.3 In the event that a client fails to make payment of any monies due pursuant to an invoice by the due date for payment, Decaplan is entitled to suspend the provision of services until payment is made. The client will be responsible for any additional expenses incurred as a result of the interruption to the provision of services and Decaplan will not be responsible for any loss or damages caused by, or associated with, the suspension.
5.4 The charge rates quoted in any Decaplan proposal are based on salary levels prevailing at the date of the proposal and are subject to change. Decaplan may vary its charge rates if it decides that business conditions warrant this. If Decaplan changes any charge rates during the course of a commission it will inform the client of this and submit an amended fee proposal for the client’s consideration.
Termination of Services
6.1 Decaplan may terminate a commission previously awarded to it because of a breach of any of the clauses contained in these Terms and Conditions or if Decaplan decides that completion of the commission is not in its interests. If such a termination occurs a client agrees to meet all reasonable expenses up to the date of the dispatch by Decaplan of a notice of termination.
6.2 A client may terminate a commission previously awarded to Decaplan provided notice of such termination is given in writing and a client agrees to meet all related expenses incurred by Decaplan up to the date of receipt of the subject notice.
Decaplan’s Staff
7.1 A condition on which Decaplan undertakes to provide services is that a client will not, without Decaplan’s prior consent in writing, offer to employ any Decaplan employee. A client agrees to abide by this condition for a period of one year after the completion of any commission on which the subject employee worked.
Settlement of Disputes
8.1 In the event of a client and Decaplan being unable to resolve a dispute it shall be referred by both parties to a mediator. If mediation is unsuccessful the client and Decaplan agree to refer the dispute to arbitration with the arbiter being either an appropriately qualified person agreed to by both Decaplan and the client, or if the parties cannot agree, an expert nominated by the Law Society of NSW. Decaplan and the client agree to be bound by the determination of any arbitration conducted in accordance with this clause which will include responsibility for mediation and arbitration expenses.
Limitation of Liability
9.1 Decaplan will act as a faithful advisor to a client, exercising normal skill and care. Decaplan shall only be liable to a client for the consequences of any negligent act, omission, or statement on its part or on the part of its employees, subject to the limitations referred to in Clause 9.2.
9.2 The loss and damage for which Decaplan is liable to any client, and the maximum recompense to be made to a client for such liability, shall be $50,000 or three times the value of the subject commission, whichever is the lesser amount.
9.3 Decaplan’s liability shall cover only direct loss or damage arising directly from the scope of its commission, and then only to the maximum monetary limit provided by Clause 9.2. All references herein to loss or damage shall exclude loss or damage sustained or sustainable by third parties.
9.4 Decaplan’s liability to a client shall expire twelve months from the date of issue of the last invoice for the project, unless in the meantime a client has made a claim in writing upon Decaplan, specifying an alleged negligent act, omission, or statement said to have caused a loss or damage.
9.5 Notwithstanding Clauses 9.1 to 9.4, Decaplan shall not be liable for any loss or damage sustained or sustainable by a client in relation to:
Errors occurring in plans, designs, or specifications not prepared by Decaplan.
Errors occurring in the course of construction work which are not the responsibility of Decaplan.
Use by the client of any additional works, drawings, documents, or other information or advice not provided by Decaplan.
Services provided by a subcontractor of Decaplan.
9.6 A client shall indemnify Decaplan for all loss or damage sustained or sustainable by Decaplan as a result of any breach of contract or negligent act, omission, or statement on the part of the client or on the part of their agents or employees.
9.7 A client may independently retain the services of other consultants or contractors for a commission on which Decaplan is working. In such circumstances, the client agrees to be responsible for all expenses for those consultants or contractors and to indemnify Decaplan for any loss, damage, and other claims that may be made to Decaplan by the subject consultants or contractors.
Changes to Terms and Conditions
10.1 Decaplan reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms and conditions on our website. Continued use of our services after any such changes shall constitute your consent to such changes.