Standard Terms and Conditions

1. Agreement

1.1   This document sets out our standard terms that apply to your engagement of Buckmaster Town Planning Pty Ltd (ACN 695 641 528). Please read these terms subject to the engagement letter accompanying this document.

2. Scope of our role

2.1   The scope of the services to be undertaken by Buckmaster Town Planning Pty Ltd for you is set out in the engagement letter that accompanies these terms and conditions.

3. Exclusions

3.1   The following are excluded from the scope of services to be provided by Buckmaster Town Planning Pty Ltd:

1. Any task or service not expressly set out under the scope of services in our agreement letter of any tasks or services in excess of those stated in out engagement letter.

2. The preparation of any plans excluding the locality, zone and overlay plans set out in the planning report.

3. Unless specifically included in our agreement letter, the preparation of more than one draft of any document specified in the letter of engagement; and

4. any expense incurred by us, which will be separately charged to you as a disbursement.

4. Variations

4.1   If you require a variation (whether orally or in writing and whether directly or through a consultant appointed by you) a variation of the agreed services or additional services, those additional services will be charged at the hourly rates specified in the letter of engagement.

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4.2   Buckmaster Town Planning Pty Ltd may also, at any time, inform you that the services required by us are more complex in nature than that which could be reasonably anticipated at the time that you engaged our services. For example, the scope of the proposed project change after the fee proposal or any variation is prepared. If this occurs, Buckmaster Town Planning Pty Ltd may request that you agree to an increase in our fees under this agreement. If this request is made, you must not unreasonably withhold your consent.

5. Fees

5.1   The basis upon which the fee will be calculated is set out in our agreement letter.

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5.2   If an hourly rate basis is the agreed rate of charging of services, or stage of services, the rates will be those applicable to the person carrying out the work, as reviewed each July, multiplied by the time spent undertaking the services. These individual rates vary depending on the nature of the work and the skills and experience of the person involved.

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5.3   The time spent undertaking services on your behalf include activities such as; drafting and reviewing documents, telephone calls, attending meetings, tribunal and panel appearances, travel and waiting time, and time spent conferring together on your matter.

6. Expenses

6.1   In addition to our professional fees you will be responsible for the payment of any disbursements incurred by Buckmaster Town Planning Pty Ltd.

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6.2   Disbursements include, but are not limited to the following:

1. Parking and travel (kilometers to be charged in accordance with ATO recommended rates);

2. Government fees and duties to any government authority (you must also provide the cheques at your own cost to accompany submissions or make payment directly when such payment options are made available by the relevant authority);

3. Accommodation;

4. Courier charges;

5. Digitising; and

6. Printing and photocopying.

7. Accounts and Payments

7.1   Buckmaster Town Planning Pty Ltd is entitled to bill you monthly for both professional fees and expenses on the 15th of each month. The invoice will be a tax invoice for GST purposes.

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7.2   Payment of invoices must be made in Australian dollars within 7 days of the date of the invoice. If accounts remain unpaid after 7 days from the date of the invoice, Buckmaster Town Planning Pty Ltd may decide to suspend or cease work on your matter.

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7.3   In the event of default on payment you will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitors’ costs) on a full indemnity basis.

8. Advance Payment of Fees

8.1   Buckmaster Town Planning Pty Ltd may require you to make payment in advance or provide other security for payment to Buckmaster Town Planning Pty Ltd in respect of the anticipated professional fees and expensed to be incurred.

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8.2   Where an advance payment is made or other security is provided, and agreed to by Buckmaster Town Planning Pty Ltd, you authorise Buckmaster Town Planning Pty Ltd to transfer any money or use any security held to pay the fees and expenses incurred by you under this agreement.

9. Interest

9.1   If you do not pay an invoice by the due date, Buckmaster Town Planning Pty Ltd may charge you interest at the rate of 2% higher than the cash target rate determined by the Reserve Bank of Australia applying at the date of the invoice.

10. Goods & Services Tax (GST)

10.1   In this clause words that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as that given in the Act.

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10.2   Except as otherwise provided by this clause all consideration payable under this agreement is exclusive of GST.

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10.3   If GST is payable in respect of any supply made by a supplier under this agreement, subject to clause 10.4, the recipient will pay to the supplier an amount equal to the GST payable on the supply at the time and in the same manner as the consideration for the supply is to be provided under this agreement.

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10.4   If this agreement requires a party to reimburse an expense or outgoing of another party, the amount to be paid or reimbursed by the first party will be the sum of: 10.4.1. The amount of the expense of outgoing less any input tax credits in respect of the expense or outgoing to which another other party is entitled: and 10.4.2. If the payment or reimbursement is subject to GST, an amount equal to the GST.

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10.5   The supplier must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST payable under this clause.

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10.6 If an adjustment event occurs I relation to a taxable supply under this agreement:

1. The supplier must provide an adjustment note to the recipient within 7 days of becoming aware of the adjustment; and

2. Any payment necessary to give effect to the adjustment must be made within 7 days after the date of the receipt of the adjustment note.

11. Assignment

11.1   You must not assign or transfer this agreement or payment or other right of interest under this agreement without the prior written consent of Buckmaster Town Planning Pty Ltd.

12. Relevant Laws

12.1   This agreement is governed by the laws of Victoria and both Parties submit to the exclusive jurisdiction of the courts of Victoria.

13. Liability

13.1   Subject to clause 13.2, Buckmaster Town Planning Pty Ltd will only be liable to you for loss which you could not have reasonably avoided or mitigated and which you incur as a direct result of:

1.  Any fraud, bad faith or negligence; or

2.  Breach of a fundamental term of the agreement.

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13.2   Except as expressly provided in clause 12.1 and despite any other provision of this agreement or any law (to the fullest extent possible) , Buckmaster Town Planning Pty Ltd is not liable to you for any loss or liability howsoever arising.

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13.3   The maximum liability of Buckmaster Town Planning Pty Ltd to you arising under or in relation to this agreement of the services (including in contract or in tort) is limited to the lesser of the sum of $50,000 or the fee for the services specified in this agreement.

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13.4   You indemnify Buckmaster Town Planning Pty Ltd against any third party claim, demand, action or cost (including legal costs on a solicitor-client basis) arising out of or in relation to the performance of the services of Buckmaster Town Planning Pty Ltd.

14. File storage and destruction

14.1.   It is our policy to store your file for 7 years after the completion, following which it may be destroyed without further notice to you. If you wish Buckmaster Town Planning Pty Ltd to hold your file for a period in excess of that specified above, please instruct Buckmaster Town Planning of this immediately.

15. Ending of this agreement

15.1.   This agreement may be ended at any time by either party giving at least 14 days written notice to the other party.

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15.2.  Buckmaster Town Planning Pty Ltd may immediately terminate the agreement by giving you notice in writing if you fail to pay an invoice issued by Buckmaster Town Planning Pty Ltd within the time specified in this agreement or if you fail to provide adequate instructions.

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15.3.   If this agreement is ended you will be obligated to immediately pay our professional fees and expenses incurred up until the agreement is formally ended. Any provisions in this agreement which can operate after the termination of this agreement will continue to apply.

16. Dispute Resolution

16.1.   If a dispute of difference between the parties arises in connection with this agreement, either party may deliver the other party a written notice of dispute identifying and providing details of the dispute.

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16.2.   Within 10 business days of the giving of a notice of dispute, the parties shall confer and undertake good faith negotiations in an attempt to resolve the dispute.

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16.3.   If the dispute of difference has not been resolved within 45 business days of the giving of a notice of dispute, then either party may commence legal proceedings.

17. Lien over documents

17.1.   Buckmaster Town Planning Pty Ltd will retain by way of lien, file documents or other property which are in our possession or under out control as security for outstanding professional fees and expenses.

18. Confidentiality

18.1.   Buckmaster Town Planning Pty Ltd will maintain any information you provide to Buckmaster Town Planning Pty Ltd or which comes into our knowledge as a result of acting for you as confidential information belonging to you unless:

1. The information is not or is no longer confidential because it is or becomes publicly known (other than as a result of a breach of our obligations to you);

2. You instruct, or provide consent, for Buckmaster Town Planning Pty Ltd to disclose the information; or

3. Buckmaster Town Planning Pty Ltd is required by law to disclose the information, in which case Buckmaster Town Planning Pty Ltd will make every reasonable effort to contact you and seek your instructions prior to disclosing the information to enable you to take such legal action as you consider necessary to prevent the disclosure.

19. Intellectual Property

19.1.   Buckmaster Town Planning Pty Ltd own the intellectual property rights (including copyright, patents, trademarks and other rights and the right to apply for the registration of such rights) in all work, documents and materials created by Buckmaster Town Planning Pty Ltd as a result of acting on your behalf.

19.2.   On payment of the fee and expenses owing to Buckmaster Town Planning Pty Ltd under his agreement, Buckmaster Town Planning Pty Ltd grants you a non-exclusive, royalty free and worldwide license to use any material Buckmaster Town Planning Pty Ltd have created and delivered to you during the course of providing you with the services detailed in this agreement.

20. Supply of information

20.1.   If engaged to manage the application process, information required by Council or any other relevant authority must be provided by you, at your expense, unless you authorise Buckmaster Town Planning Pty Ltd to obtain this information on your behalf, at your expense.

20.2.   Buckmaster Town Planning Pty Ltd will advise you of any additional information that is required by Council or any other relevant authority.

20.3.   Authorisation to obtain information, must be provided by you in a timely manner when responding to a request from Council or any other relevant authority. Buckmaster Town Planning Pty Ltd will not be responsible for costs incurred due to an application lapsing as a result of information being withheld, or where Council or any other relevant authority has not provided a reasonable duration to supply information requested.

20.4.   All costs associated with the revision of plans, reports or supporting information required to address a request from Council or other relevant authority, during or after the application process, are your responsibility.

21. Changes by other to work product

21.1.   Some of our work product will be provided to you in forms that can be changed after it leaves our control. Buckmaster Town Planning Pty Ltd does not accept any responsibility for the accuracy, reliability, legal effect or lawfulness of the material that has been changed by you or a third party.

22. Amendment or waiver

22.1.   Buckmaster Town Planning Pty Ltd shall not be taken to have agreed to an amendment or waiver of provision of this agreement unless agreed in writing.

23. Inconsistencies

23.1.   To the extent there are any inconsistencies between these terms and the engagement letter accompanying this document, these terms will prevail.