Studio Gestalt Terms Of Engagement

1. Interpretation

1.1 Cost of Works is defined as the final cost of all work designed, specified and/or scheduled by Studio Gestalt including work designed, specified and/or scheduled by Consultants coordinated by Studio Gestalt.

1.2 Percentage Fees are calculated & adjusted progressively against the budget for the Cost of Works. 

1.3 Lump Sum Fees are allocated to the services shown in ‘Work Process and Deliverables Schedule’. 

1.4 Hourly Rates as allocated in Clause 18. Records of all charged hours will be kept & made available upon request. 

1.5 The Design includes design concepts, drawings & documents provided under this agreement. 

1.6 Public Information is any representation of the project published, exhibited or communicated to persons other than the Client or Studio Gestalt, or their representatives. 

 

2. Performance of Services

2.1 The Client appoints Studio Gestalt to act as its agent for the project as necessary to carry out the services; 

2.2 The Client agrees with Studio Gestalt a reasonable budget for the Cost of Works; 

2.3 The Client is to provide all information required by Studio Gestalt to complete the services described in this agreement; 

2.4 The Client is to cooperate fully with Studio Gestalt in to ensure efficient and satisfactory progress through all stages of the project, including prompt confirmation of approvals given for Architectural changes; 

2.5 The scope of Studio Gestalt services does not include any services in relation to asbestos, other hazardous materials, or any other site contaminant. 

 

3. Payment Terms & Reporting 

3.1 Fee invoices shall be scheduled with accounts rendered on a monthly basis & payable 7 days from the date of the invoice or per completion of phases of works or per agreed payment schedule. Records of all charged hours, disbursements and expenses will be kept and made available on request. If a deviation from a quoted fee becomesapparent, Studio Gestalt shall notify the Client in advance. 

3.2 Estimates of the Cost of Works may be revised over the course of the project & any resultant change to the scope of services may result in changes to fees. Similarly, any change or amendment to the project scope of any of Studio Gestalt services may result in changes to fees. Additional work will be subject to the hourly rates as outlined under Clause 18.

3.3 Studio Gestalt will seek the Client’s approval, in writing, of any variation to the agreement prior to proceeding. Variation payment will be calculated subject to the hourly rates as outlined under Clause 18, unless otherwise agreed. 

3.4 The total percentage or lump sum fee shown in ‘Work Process and Deliverables Schedule’ takes precedence over any error, omission or ambiguity in the amounts allocated to individual services within the schedule. 

 

4. Overdue Payments 

4.1 Should any invoice be outstanding by 30 days or more, Studio Gestalt reserves the right to suspend provision of services on 5 days’ notice, until outstanding fees are settled. An interest rate of 15% per annum may be charged on monies outstanding for more than 30 days.

 

5. Authorisation to Proceed 

5.1 Studio Gestalt will require the Client’s approval or instruction in writing, in advance, to proceed with design services; to change or amend any design service; to attend any meetings; and to undertake any service outside Studio Gestalt’s scope of works. No work shall be undertaken without the Client’s expressed instruction. If any details of the project are to be kept confidential, Studio Gestalt must be notified in advance. 

 

6. Authority 

6.1 Studio Gestalt requires the Client to nominate a person with appropriate authority, who is available to respond to Studio Gestalt communications within reasonable time, to instruct in respect to this project. 

 

7. Programme 

7.1 Studio Gestalt proposal is based on a defined programme as informed by the Client. Should the Client choose to deviate from this programme, Studio Gestalt reserves the right to revise the fees accordingly. Studio Gestalt in shall advise if any proposed programme is unachievable and suggest alternative options. 

 

8. Termination and Suspension of Services 

8.1 Studio Gestalt reserves the right to withdraw from the provision of any design service if we believe in our professional judgment, that the provision of the service would require us to act in a manner that we consider unethical or to be in contravention of the Architects Act, Regulation or Code of Professional Conduct. The NSW Architects Code of Professional Conduct can be found here. 

8.2 If the services are suspended for any reason by the Client or Studio Gestalt, Studio Gestalt in conjunction will be entitled to payment of all fees & disbursements due. Where the services are suspended by the Client, Studio Gestalt is also entitled to reimbursement of any associated costs. All rights & entitlements of Studio Gestalt continue as though the suspension had not taken place.

 

9. Dispute Resolution 

9.1 If a dispute arises in relation to this agreement, the Client, Studio Gestalt must continue to perform their obligation under the agreement. 

Alternative dispute resolution will apply to disputes:

  • Studio Gestalt or the Client may deliver a notice in writing to the other party outlining the details of the dispute & requiring a meeting within 7 days of the date of the notice to make an attempt to resolve the dispute;
  • If the dispute is not resolved by the meeting, either party may submit the dispute to mediation by delivering to the other a written proposal of mediation;
  • A proposal of mediation must state the name of a mediator accredited by the Resolution Institute (or equivalent) in the state or territory of the law that applies, who is independent and willing to act;
  • If the parties do not agree on the mediator in writing within seven days after the proposal is delivered, the President of the Chapter of the IAMA in the place of the law that applies, must be requested to nominate the mediator;
  • The mediation must then proceed in accordance with the rules of the IAMA for mediation except that in no case will one party be required to pay more than half of the costs of mediation, and;
  • If the parties are unable to resolve the dispute by mediation, confirmed by the mediator in writing, either party may take legal action to resolve the dispute.
 

10. Consultants 

10.1 Should at any point, Studio Gestalt consider it prudent for you to obtain further specialist advice in connection with the provision of our services, we shall inform you and recommend a specialist prior to proceeding. 

10.2 Where Consultants are required and are to be coordinated by Studio Gestalt they are to be engaged by the Client. The Consultant(s) are to be notified that Studio Gestalt have the required authority to direct & integrate the provision of their services on the Client’s behalf and that they are to report to Studio Gestalt in respect to this project. Studio Gestalt are responsible for the co-ordination of their works only and are not responsible for the services provided by the Consultant. 

10.3 The Consultants fees & expenses are to be paid direct by the Client, but the Client may seek the designers advice that the invoiced services have been provided. 

 

11. Advice 

11.1 Studio Gestalt will perform the services agreed with reasonable skill and care as normally expected from a design practice. 

11.2 Studio Gestalt will rely upon the sufficiency of information supplied by the Client & others, but has not independently verified the accuracy of information provided by others or obtained from external sources. Third parties should not rely on design, services or advice. 

11.3 Studio Gestalt will inform the Client of progress in the provision of services via an email status update, issued weekly or as otherwise agreed upon. 

 

12. Copyright 

12.1 Studio Gestalt retains copyright of the Design, including design concepts, drawings & documents provided under this agreement. Studio Gestalt grants the Client an express but revocable license to use the Design for the project on the site for which it was intended. This license may be revoked by Studio Gestalt in writing if any invoice Studio Gestalt are entitled to submit under this agreement is overdue. 

12.2 Studio Gestalt must be attributed in any public information about the project published by, or on behalf of, the client whether the project is complete or not. 

 

13. Insurances 

13.1 Studio Gestalt holds and maintains the following levels of insurance: 

Professional Indemnity
$5,000,000.00
AAI Limited trading as Vero Insurance 

Public Liability
$10,000,000.00
Vero Insurance

Workers Compensation
iCare Workers Insurance 

 

14. Additional Works 

14.1 Should the Client require additional works outside the defined scope of services as outlined in ‘Work Process and Deliverables Schedule’, additional fees will be charged on a time/cost basis plus disbursements and expenses, as per Clause 18 & 19 below. 

 

15. Limited Liability 

15.1 To the maximum extent permitted by law:

  • Studio Gestalt’s liability to the client under this agreement (including the performance or non-performance of the designers services), whether under the law of contract, in tort, equity, under statute or otherwise, is limited to the amount specified in ‘Work Process and Deliverables Schedule’;
  • Studio Gestalt has no liability to the Client in respect of any indirect, consequential or special losses, (including loss of profit, loss of business opportunity and payment of liquidated sums or damages under any other agreement);
  • Studio Gestalt has no liability, whether under the law of contract, in tort, equity, under statute or otherwise, in respect of the designers services after the expiration of 3 years from the completion of the designers services, and;
  • If any of this clause is void as a result of section 64 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or parallel state and territory legislation, then Studio Gestalt liability for a breach of a condition or warranty is limited to the:
    • Supplying of the relevant designers services again; or
    • Payment of the cost of having the designers services supplied again. 
 

16. Escalation 

16.1 Studio Gestalt proposal is valid for 60 days. We reserve the right to recalculate the fees should the Client wish to engage our services after this period. 

 

17. Hours of Operation 

17.1 This proposal is based on works being undertaken within normal business hours. Should you require us to work overtime, additional fees will be payable for the expenses incurred. 

 

18. Rates Rates and disbursements rates exclude GST 

Role Rate
Project Director $ 250 / hour *
Project Architect Leader, Design Leader $ 220 / hour *
Lead Stylist $ 200 / hour *
Design & Documentation Manager $ 180 / hour *
Design & Documentation Technician $ 160 / hour *
Styling Assistant $ 160 / hour *
Graphic Designer $ 150 / hour * 

Disbursements Item Rate
Car Travel: $ 0.68/km *
Accommodation/Meals/ Courier: at cost
Printing: A4/A3 $ 0.25/copy *
A1 at cost *
B1 at cost