Terms & Conditions
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DEFINITIONS AND INTERPRETATION
In the Agreement, the following terms have the meanings given to them in this clause 1:
1.1 Agreement means the binding agreement for the provision of the Services, constituted by Part A and Part B read together.
1.2 Approved Purposes means the implementation of the landscape design at the Site, as described in Part A.
1.3 Approval means any development consent, construction certificate, complying development certificate, or other regulatory authorisation required under the Environmental Planning and Assessment Act 1979 (NSW) or any other applicable legislation in connection with the Site or any works proposed to be carried out at the Site.
1.4 Building Work means building work within the meaning of the Home Building Act 1989 (NSW).
1.5 Business Day means a day other than Saturday, Sunday, or a public holiday in New South Wales.
Claim means any action, claim, proceeding, demand, liability, loss, damage, cost, or expense of any kind, whether arising in contract, tort, equity, statute, or otherwise.
Client means the person or entity identified as the client in Part A. References to “you” and “your” in these Terms are references to the Client.
Commencement Date means the date specified in Part A as the commencement date, or if no such date is specified, the date on which the Designer receives an executed Part A and the Deposit.
Confidential Information means information disclosed by one party to the other in connection with the Agreement that is by its nature confidential or is designated by the disclosing party as confidential, but excluding information that is or becomes publicly available other than through a breach of the Agreement, or that the receiving party can demonstrate was independently developed by it.
Copyright Act means the Copyright Act 1968 (Commonwealth).
DBP Act means the Design and Building Practitioners Act 2020 (NSW).
DBP Regulation means the Design and Building Practitioners Regulation 2021 (NSW).
Deliverables means all documents, drawings, plans, specifications, reports, and other materials produced by the Designer in the course of performing the Services, including all Design Drawings.
Deposit means the initial payment required from the Client before the Designer is obliged to commence the Services, as specified in Part A.
Design Drawings means the plans detailed and described in clause 3.2.3, which are prepared for concept, design-intent, and budget-pricing purposes only, are indicative in nature, must not be relied upon by the Client or the Client’s installer as engineering or construction specifications, do not constitute structural engineering, Regulated Designs, or compliance documentation, and for which all final dimensions, design, and regulatory compliance remain the responsibility of the Client.
Intellectual Property Rights means all present and future rights in relation to copyright, designs, patents, trademarks, know-how, trade secrets, and all other intellectual and industrial property rights, whether registered or unregistered, throughout the world.
Licence means the licence granted under clause 12.3.
Part A means the project-specific schedule issued by the Designer to the Client which incorporates these Terms and sets out the particulars of the engagement, including the Site, Services, Fee, program, and any project-specific conditions.
Part B means these Standard Terms and Conditions.
Regulated Design means a regulated design within the meaning of the DBP Act and the DBP Regulation, being a design for building work of a class prescribed by the DBP Regulation. The prescribed classes include building design, structural engineering design, mechanical services design, electrical services design, fire safety systems design, and hydraulic services design. Landscape design is not a prescribed class. The Deliverables do not constitute Regulated Designs.
Residential Building Work means residential building work within the meaning of the HBA.
Services means the landscape design services described in Part A.
Site means the property described in Part A at which the Services are to be provided.
Variation means any change to the scope of the Services agreed in Part A that is requested or required after Part A has been executed.