Legal
Terms & Conditions
These terms govern the provision of building design and drafting services by Nivan Design Studio. Please read them carefully before engaging our services.
Last updated: 9 March 2026
1. Agreement
By engaging Nivan Design Co (ABN to be inserted) ("we", "us", "our") for any service, you ("the Client") agree to be bound by these Terms and Conditions.
These terms, together with any written Fee Proposal or Letter of Engagement provided to you, form the entire agreement between us. In the event of conflict, the specific terms of the Fee Proposal take precedence.
2. Scope of Services
Services will be as described in the Fee Proposal. Any work beyond the agreed scope ("additional services") will be subject to a separate written fee agreement before commencement. We will notify you as soon as reasonably practicable if we identify that additional services are required.
The number of design revisions included is as specified in the Fee Proposal. Additional revision rounds beyond this will be charged at our standard hourly rate.
3. Not an Architectural Practice
Nivan Design Co is a building design and drafting practice. We are not a registered architectural practice under the Architects Act 1991 (Vic) and do not represent ourselves as such.
For projects requiring the services of a registered architect, we will advise you accordingly and can refer you to appropriate professionals. We partner with registered architects where full architectural credentials are required.
4. Engagement & Fees
Fees
Fees are as set out in the Fee Proposal. All fees are in Australian dollars and, unless stated otherwise, inclusive of GST.
Invoicing
We invoice at project milestones as outlined in the Fee Proposal. Payment is due within 14 days of the invoice date.
Disbursements
Out-of-pocket expenses (council fees, printing, travel beyond 30km of Melbourne CBD) are invoiced at cost unless a fixed allowance is agreed.
Late payment
We reserve the right to suspend services and withhold deliverables where invoices remain unpaid beyond 30 days, without prejudice to any other remedy.
Fee increases
Fixed fees are valid for 90 days from the date of proposal. We will notify you of any fee adjustments required beyond this period or due to material changes in scope.
5. Intellectual Property
All drawings, documents, 3D models, and other materials produced by us ("Works") remain our intellectual property until all outstanding fees have been paid in full.
Upon receipt of full payment, we grant you a non-exclusive licence to use the Works for the specific project described in the Fee Proposal. The Works may not be used for any other project or purpose without our prior written consent.
We retain the right to photograph the completed project and use images of the Works for our portfolio, marketing, and professional development purposes.
6. Client Obligations
To allow us to deliver our services effectively, you agree to:
- Provide accurate and complete information about the project, site, and your requirements
- Advise us promptly of any changes to the brief or project scope
- Provide timely feedback and approvals at each design stage
- Ensure we have lawful access to the site for any required inspections
- Inform us of any known encumbrances, easements, covenants, or heritage considerations affecting the site
Delays caused by late client feedback or incomplete information may affect project timelines and may give rise to additional fees.
7. Approvals & Third Parties
We prepare documentation to support planning and building permit applications but cannot guarantee the outcome of any approval process. Decisions rest with the relevant council, building surveyor, or authority.
Where third-party consultants (e.g. structural engineers, energy assessors, surveyors) are required, their fees are separate to ours unless expressly included in the Fee Proposal. We are not liable for the performance or advice of third-party consultants.
Council and regulatory requirements may change. Our documentation reflects requirements at the time of preparation.
8. Limitation of Liability
To the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with our services is limited to the total fees paid by you for the specific service giving rise to the claim.
We are not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profit, loss of contract, or loss of anticipated savings.
Nothing in these terms excludes any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
9. Termination
Either party may terminate the engagement with 14 days' written notice. On termination, all fees for work completed to the date of termination are payable within 14 days.
We may terminate immediately and without notice where fees remain unpaid for more than 60 days, or where you act in a manner that makes continuation of the engagement unreasonable.
10. Governing Law
These terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising under or in connection with these terms.
11. Contact
If you have any questions about these Terms and Conditions, please get in touch.