Terms & Conditions

BAGNATO ARCHITECTS

Set out below are the terms and conditions for the provision of architectural services and sale of all products by Bagnato Architects. Please read these Terms & Conditions carefully before using the http://www.bagnatoarchitecture.com.au website. Except where otherwise agreed upon via written agreement between Bagnato Architects and the client, the terms and conditions listed below shall apply. Your access to and use of the Bagnato Architects Website including all visitors, users and others who  engage the services is conditioned on your acceptance of and compliance with these terms.

PAYMENT TERMS:

  • Quotations are valid for a period of 60 days.
  • Fees will be invoiced at the completion of each stage as noted in the signed formal fee proposal and commensurate with the service provided.
  • Should a stage of works not be completed within a 30 day monthly cycle then fees will be invoiced on a percentage of the completed stage of works to date at the end of each month.
  • Invoices to be paid within 14 days of the date of the invoice.  
  • Payments must be made in accordance with the terms above. If payments are not received within the specified 14 days, services will be discontinued until payments are received.

All accounts are payable on receipt and delivery of architectural services and not on receipt of final permit approval where applicable from authorities.

CONFIRMATION TO COMMENCE ARCHITECTURAL SERVICES:

  • Bagnato Architects will only commence their services once all formal fee proposals are signed by the client officially engaging their services. 
  • A deposit request is also payable upon signing the formal fee proposal and is payable prior to the commencement of all services. 
  • Once a formal fee proposal is agreed upon between the client and Bagnato Architects and a commencement deposit is paid, services shall be scheduled to commence.

CONFIRMATION OF STAGED SERVICES:

  • Once a client confirms the completion of each stage of service as set out in the formal fee agreement, then that service is deemed to be completed. If the client requests that previous stages are to be revisited then this is considered to be outside the scope of contracted design services and shall be charged accordingly as per the schedule of rates agreed to in the agreement. 

CHANGES IN INSTRUCTIONS & PROTRACTED SERVICES:

  • If the architects’ work is increased due to changes in the client’s instructions or requirements or if the architect’s work is increased or his services are protracted due to causes beyond his/her control then (unless the designers fee is already on an hourly rate) an additional fee shall be chargeable on a time basis, unless some other basis is agreed.  Should any such additional fee become or appear likely to become chargeable, the architect shall promptly notify the client before billing.

DEFERRED SERVICES:

  • If due to the client’s instruction or lack of instructions a break in the continuity of the architectural services results, the architect reserves the right to seek clarification from the client. If such clarification is not received within 60 days of the request being made by the architect, then fees for the services completed at the time of cessation shall be determined in accordance with the provisions of the formal fee agreement signed.

TERMINATION OF SERVICES:

  • If due to the client’s instructions the architect’s services are terminated, then fees for the services completed at the time of termination shall be determined in accordance with the provisions of the formal fee agreement.

SUBMISSION TO THE REGULATORY AUTHORITY:

  • Once a client confirms the design as to be submitted to the regulatory authority, then that design is deemed to be part of the architects’ services.  If the design is changed after the completion of the documents or submission to the regulatory authority, then this is considered to be outside the scope of contracted design services and shall be changed accordingly as per the schedule of rates agreed to in the agreement. 

FEE REVIEW:

  • At the conclusion of each stage of services a review of the opinion of probable cost shall be undertaken in accordance with market construction prices.  Should there be an increase or decrease in the scope of works or budget then a revised fee for each subsequent stage shall be provided prior to their commencement.  Hence, this could lead to an increase or decrease to subsequent fees for uncompleted stages.

NOTICE OF REFUSAL BY REGULATORY AUTHORITY:
(TOWN PLANNING SUBMISSIONS ONLY) 

  • If a notice of refusal is received by the local authority and the client requires the architect’s services to be retained for the preparation of documents necessary for lodgement at the Victorian Civil and Administration Tribunal or to act as a consultant then this service will be charged on a time basis in accordance with the Schedule of Rates.

ARCHITECT TO ACT AS AGENT:

  • The client gives consent for the architect to act as an agent for the client when making applications to Council, Building Surveyor, Consultants, and all other Regulatory Authorities and any other person or party when the matter relates directly to the project for which the architect has been engaged.

EXCLUDED FROM OUR FEES:

  • Fees, taxes, levies or charges paid to authorities.
  • 3-D images- can be priced on application.
  •  Advertisements and notices.
  • Preparation of submissions and attendance at appeal hearings.
  • Special presentation materials, models, videos and perspectives.
  • Fees for consultants.
  • Rental of special equipment.
  • Photographic records.
  • Transfer of computer drawings other than general emailing.
  • Air freight and courier services.
  • Provision of documents other than to the client for the client’s own use.
  • Provision of building contracts.
  • Disbursements:
    • Printing
    • Colour photocopies
    • Postage

COPYRIGHT & OWNERSHIP:

The copyright & rights of Bagnato Architect’s ideas, designs, concepts, artwork & compositions and other work prepared is protected and controlled by the national legislation known as the Copyright Act. Any design imagined and created by Bagnato Architects is deemed to be an “artistic work” that will be protected by copyright under the act. We also reserve the right (known as moral rights) to be acknowledged as the original creator of our design work. Australian law protects work produced by Bagnato Architects automatically by applying copyright the moment it is created even if the architect does not assert copyright or includes a copyright notice on all design work, drawings, plans or renderings.
The Architect always owns the copyright as the conceiver and creator of design work. This is the default position in accordance with the national Copyright Act even when the architect combines the ideas of the client and others to create an “artistic work”. The architect may agree in writing to transfer the copyright to the client at their discretion.