The scope of the design services as described in the fee proposal and your instruction to proceed, whether given verbally or in writing, is confirmation of your acceptance of these services, associated fees, and the Conditions of Engagement.
 

The Client shall be responsible for providing Grow Design Studio (GDS) with instructions adequate to define the Client’s requirements, including the time program and budget.
 

The Client authorises GDS to act as the Client’s agent regarding the project as set out or implied in this agreement and the particular contract adopted for the project.
 

Any opinion prepared by GDS of probable construction cost is not a tender or quotation, and GDS does not guarantee that tenders will accord with the opinion.
 

The Client shall be responsible for engaging secondary consultants, and GDS shall only be responsible for the recommendation, coordination, and integration of their services.
 

Copyright applies to all design concepts, documents, and drawings, including electronic files prepared by GDS, and any works executed from those documents and drawings shall remain the property of GDS. GDS grants the client an express but revocable license to use the design concepts, documents, and drawings to produce the project for which they were intended provided that the entitlement applies only to the site or to that part of the site to which the design relates, and GDS has completed the particular stage or stages of the design services for which GDS has been commissioned and fees properly due to GDS by this agreement have been paid. On completion of all services under this agreement and full payment of all fees due, the license becomes irrevocable. Where the Client wishes to reproduce the design on another site or another part of the site, then the Client may only do so with the written consent of the GDS, which consent may include, but not be limited to, a condition in relation to the payment of an additional fee as the GDS deems fit.
 

GDS shall be given full credit for their services related to the project. The use of any drawings or documents prepared by GDS or reference to GDS in any form shall be made only with the consent of GDS.
 

Neither party shall assign, transfer, or sublet any obligation under this agreement without the written consent of the other.
 

This agreement does not allow for construction documentation to be divided into trade packages. Construction documentation provided by GDS shall be provided in one package to include drawings, specifications, and schedules.
 

Electronic CAD files remain the property of GDS. The issuing of documents in electronic form to any other consultants shall be wholly at the discretion of GDS, notwithstanding that any drawings issued electronically shall be issued in Portable Document Format (PDF). GDS accepts no responsibility for any damage, cost, or liability arising from the misuse of the documents by the client or any person or entity that requires the documents from or through the client without prior written permission from GDS.
 

GDS agrees to provide the design services, and the Client agrees to pay GDS the fees and reimbursable expenses by this agreement. Fees will be invoiced on a design stage basis as outlined in this document. Payment is to be received within 7 business days from the date of the invoice. If any account is outstanding for more than 14 business days from the due date, GDS may immediately suspend all design services upon giving the Client notice of such intention to suspend. GDS reserves the right to enact the Building and Construction Industry Security of Payment Act.
 

If the design services are increased, altered, delayed or protracted due to the Client’s instructions or causes beyond the control of GDS, then an additional fee assessed on our standard hourly rates or agreed fixed lump sum shall be chargeable, provided GDS has promptly notified the Client. Time extensions to the program may apply.
 

It is assumed that the information and documentation provided by others are accurate. In the event of new information arising, such as revised architectural plans, during the design process, any changes resulting from such new information may lead to additional design fees.
 

The Client shall reimburse GDS for expenses reasonably and properly incurred in connection with the design services provided under this agreement. Such expenses shall include, but are not limited to:
• Fees, taxes, levies, or charges paid by GDS to authorities having jurisdiction over the project.
• The provision of all printed hard copies of all drawings, including printed colour drawings for presentation and/or marketing purposes.
• Specialist presentations, sub-consultant perspective renderings and models, electronic visual presentations, and reproductions.
• Rental of specialised equipment where required and agreed by the Client. (5) Professional photography requested by the Client.
 

The liability of GDS to the Client arising out of the performance or non-performance of the design services, whether under the law of contract or tort, shall be limited to the cost of rectifying the works that are the subject of the design services. GDS shall be deemed to have been discharged from all liability at the expiration of ten years from either practical completion or the termination of the design services, whichever is the earlier date.
 

Either party may terminate this agreement on the expiration of reasonable notice given in writing. Upon termination, the Client shall pay GDS all amounts payable under this agreement, together with reasonable costs associated with early termination.