A: Unit 6038, 78A Belmore St.

Ryde, New South Wales 2112

Get in touch:

T: (02) 8866 0224

M: 0405 242 821

E: info@snstudio.com.au

© 2019 All Rights Reserved SN STUDIO PTY LTD    -      ABN 31 627 440 000

  • Grey Houzz Icon
  • Grey LinkedIn Icon
  • Grey Facebook Icon
  • Grey Instagram Icon
  • Pinterest - Grey Circle

SN STUDIO STANDARD TERMS AND CONDITIONS

The terms and conditions stated below are applicable to all projects which SN Studio engages in. It is agreed that all customers who have accepted the quote and engaged us to work on their project have read, understood and agreed to these terms and conditions.

PAYMENT

  1. Payment of deposit indicates acceptance of these terms and conditions

  2. SN Studio will invoice the client at the completion of each stage as noted in the quotation and full payment will be required once project drawings are completed and prior to lodgment.

  3. The Client agrees that it must pay, without any deduction or setoff, the full amount of any tax invoice issued by SN Studio within the period stipulated for payment or if there is no stipulation, within 7 days from the date on which the tax invoice is generated by SN Studio (Due Date).

  4. SN Studio will only hand over drawings and documentation when full payment has been received from client.

  5. The property in the services shall not pass to the Client until all sums due or owing to SN Studio by the Client on any account whatsoever have been paid. Such sums shall not be treated as being paid until any cheque, Bill of Exchange or other instrument of payment given by the Client has been met on presentation or otherwise honored in accordance with its terms.

  6. If the client fails to make payment within 30 days after the drawings or documentation has been completed, SN Studio holds the right to appoint the services of a debt collection agency to collect the outstanding fees on behalf of SN Studio, in which case the client will burden the cost of such services which is calculated at 20% of the total outstanding fee. These fees will be added to the total outstanding invoice for the drafting services provided.

  7. An Administration Fee will be charged at $30.00 per follow-up of unpaid invoices. All unpaid invoices will also attract a penalty rate of 3% per month until all monies have been paid.

  8. Additional work not included in the quotation and variations including design, drafting, consultancy and site visits will be undertaken at SN Studio’s standard variation rate of $120+ GST per hour

  9. Should the client delay progression of their project for longer than 14 days period due to personal circumstance or due diligence then the client will be required to pay all fees incurred proportionate to the work completed of any given project stage.

  10. If the client exits the project early and/or before the completion of any stages as quoted, then SN Studio reserves the right to invoice the client for all hours spent on the project.

  11. Notwithstanding any other clause in this Agreement, the parties agree that all Intellectual Property Rights created as a result of the Services shall be owned by SN Studio until such time that the relevant invoice is paid in full.

  12. In accordance with taxation law, a 10% good and services tax will be added to all fees.

ADDITIONAL SCOPE AND SERVICES

  1. All projects with Preliminary Design Service included, allows for 2 rounds of design amendments unless otherwise stated. Design changes allows for minor design adjustments and feedback from client and does not allow for change of scope from the initial brief. If you would like a complete design change/design option SN Studio can perform this scope of works based off our standard design rate of $120+ gst per hour.

  2. Design changes can only occur during the Preliminary Design phase or Design Consultation Phase. Design changes after Preliminary Design or Design Consultation phase has been signed off and drawings have progressed to the next stage will incur additional charges.

  3. Attending Council meetings or Site Visits is not included in the standard service fee unless stated otherwise. Any meeting requests by client will be charged at standard hourly rate. Any site visits outside of Sydney area will be charge standard hourly rate and client agrees to pay travelling cost, accommodation or any additional cost incur during visits.

  4. Should the duration of the project or the scope of work or design be extended for any reasons whatsoever by the client, an equitable and reasonable extension of time will be granted to SN Studio to complete the work and any additional costs incurred by SN Studio will be charged at standard hourly rates to the client, unless otherwise agreed to in writing prior to any work being started.

  5. Notify SN Studio if you would like hard copies of your plans and SN Studio will provide you a quote unless stated otherwise on your quote.

LIMITATION OF LIABILITY

  1. It is a condition of SN Studio’s engagement that SN Studio shall not be liable for any liability or loss to the extent that it is the fault of SN Studio’s Client or other parties other than SN Studio.

  2. SN Studio always aims to deliver the drawings on time, and produce high-quality drawings acceptable for lodgments and Construction. However, SN Studio doesn’t guarantee an error-free drawing and on-time delivery for some instance.

  3. SN Studio shall not under any circumstances be liable for any indirect, special, consequential or economic loss, loss of trade or reputation, loss of contracts, revenue, goodwill, profits or other benefits whether arising from breach of contract, negligence or otherwise howsoever. SN Studio shall be under no liability to the Client for any loss occasioned by the failure of the Client to comply with any instructions given by SN Studio whether written or oral in respect of the service or as a result of the misuse of the service by the Client.

  4. SN Studio shall be under no liability whatsoever for any delay or failure in the performance or any of its obligations due to causes beyond its control including without limitation from non-delivery or delays in delivery of any service due to or resulting by war, strikes, lock outs, fire, floods, explosion, government restrictions, inability to obtain materials or labour or act of God.

  5. The liability of the designer to the Client in respect of the project shall be limited to the cost of rectifying the works or to a cap of consultant’s Professional Indemnity Insurance limit ($1,000,000), which ever lesser.

GOVERNMENTAL APPROVALS

  1. SN Studio will use its best endeavors to assist and advise the Client with respect to satisfying all applicable laws, standards, codes and any approvals, authorities, licenses and permits which are required from governmental, municipal or other responsible authorities that are relevant to the lawful implementation of the Design (Approval Requirements) provided the Client and Designer at all times cooperate as required by SN Studio and the Designer endorses the Design.

  2. The Client acknowledges and agrees that SN Studio cannot, and does not, make any guarantee, warranty or representation:

    1. that any Design or any part of any Services will be approved by any responsible authority; or

    2. to the outcome of the application of any Approval Requirements to the Design or any part of the Services.

  3. Subject to next clause if drawings or documents provided or produced by SN Studio for the purpose of satisfying Approval Requirements do not satisfy those Approval Requirements, SN Studio will, if reasonable and possible to do so, use its best endeavours to rectify such documents or drawings so they satisfy those Approval Requirements without charge.

  4. Previous clause does not apply to any drawings or documents that do not satisfy Approval Requirements because of anything that, in SN Studio reasonable opinion, has been included, done, or omitted, by or on behalf of the Client against SN Studio’s advice.

 

TERMINATION

  1. SN Studio may terminate these Terms and the supply of any Services:

    1. immediately and without prior notice, if the Client is in default of any obligation owed to any amount of money to SN Studio whosoever arising;

    2. if the Client is in material breach of these Terms which is not remedied 7 days after written notice by SN Studio of the substance of the breach.

  2. Either party may terminate these Terms if they are not in material breach of these Terms and an Insolvency Event occurs to either party.

DISPUTE RESOLUTION

  1. This clause does not apply where there is a dispute concerning a payment or any amount owing by the Client to SN Studio.

  2. Subject to clause (Dispute/No. 6) any dispute which arises between the parties in connection with this agreement (dispute) must be dealt with in accordance with the requirements of this clause, before either party will be entitled to commence proceedings against the other party in respect of the dispute.

  3. The party claiming that a dispute has arisen (complainant) must give the other party a written notice setting out a detailed explanation of the nature of the dispute; and what action the complainant thinks will resolve the dispute (dispute notice).

  4. Within 10 business days of the dispute notice being received by the other party, a nominated senior executive of each party must meet, act in good faith and use best endeavours to resolve the dispute at that meeting, or such subsequent meetings as may be reasonably required.

  5. If the dispute is not resolved pursuant to clause (Dispute/No. 4) within 30 days of the dispute notice being received by the other party, the parties agree to attend a privately held mediation with a mediator appointed by the nominated senior executive or both parties and in the absence of agreement within 7 days of disagreement by such mediator as appointed by the President, or person in like office of the Resolution Institute.

  6. If the dispute is not resolved within a further 30 days pursuant to clause (Dispute/No. 5) then either party may commence proceedings against the other party in respect of the dispute.

  7. Nothing in this clause (dispute) prevents a party from seeking urgent injective or similar relief from a court.

RIGHTS

  1. All design devices remain the property of SN Studio at all times and cannot be reproduced without the prior consent of SN Studio except where the design devices have been specifically licensed and paid for in full. SN Studio reserves the right to withdraw the license if the design devices are altered or tampered with.

  2. SN Studio may subcontract any of the Services contemplated by this Agreement without the Client’s prior written consent

  3. The SN Studio is granted the right to erect reasonable signage on the site and is further permitted to photograph the works and to publish his involvement in the project, with permission of the Client who shall not unreasonably withhold such permission.

  4. This site is owned and operated by SN Studio. Any and all material which appears on this site, including text, logos, graphics, images, photographs, icons, site design, graphics and other material (collectively the “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws.

  5. By entering and using this site you agree not to replicate or copy this site or any of the information contained within it, break the terms that you have agreed or enter the site other than through the designated public and secure access presented to you as a first time user or a member.

  6. SN Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SN Studio updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws in force in New South Wales. The parties hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

WORKING HOURS

SN Studio’s hours of operation is 8:30am – 5:00pm Monday to Friday and will try their best to arrange a time that is convenient for all clients however SN Studio cannot always guarantee that we will be available after hours to do meetings or site visits.