If you choose to use www.planapprovals.com (the “Site”), ECL Technology Group Pty Ltd (trading as All Plan Approvals) mobile sites and applications, any of the features of this site, including but not limited to software and other downloads (collectively, the “ECL Technology Group Pty Ltd” trading as All Plan Approvals), you will be agreeing to abide by all of these Terms of Service between you and ECL Technology Group Pty Ltd (“ECL TECH”, “us” or “we”).
We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to engaging our Services and prior to each use of the Site. By continuing to use this Site, you agree to any changes.
IF ANY OF THESE RULES OR ANY CHANGES ARE UNACCEPTABLE TO YOU, LEAVE THE SITE IMMEDIATELY. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, INDICATE YOUR ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature or content. We may also limit features or services or restrict access to parts or all of the Services without notice or liability.
Scope of Services:
Submission of development proposal and/or preparation of documentation, plans, statements and reports for proposed development and submission to certifier and/or council for planning consent for proposed development.
The Supplier will provide the Customer with the following Services from the commencement date to the completion date:
– Preparing proposals for the delivery of planning/building projects.
– Liaising with local councils, certifiers, state government agencies and other regulatory authorities to assist the client with submission for consideration for planning consent.
– Assisting the Customer with proposed development approval/outcomes.
– One submission of documents to council/certifier. Fees apply for re-submission.
– May include coordinating, preparing and ordering the documents for lodgement for certifier/council submission. (May include reports, BASIX, surveys, architectural drawings, engineering plans and other documentation from consultants and contractors to property owners) except where Client provides documents, including drafted plans to All Plan Approvals.
Outside Scope of Work
The Customer acknowledges and agrees that the Service Fee is exclusive of any fees, bonds, permits, plans and Disbursements payable to third parties by the Supplier in respect of the provision of the Services.
Fees and Disbursements payable by customer under this agreement as at the commencement Date include but are not limited to:
– Council and/or certifier fees, permits, bonds, license fees, pre-DA meetings
– Courier, printing, postage.
– Consultant fees, plans, drawings and surveys, site inspections, utilities
– Site visits
-Additional applications for modification/review to DA
-Revision, amendments or changes to planning reports and documents, including Statement of Environmental Effects and Plan of Management once draft is approved by customer as final will attract a revision fee. Minimum fee applicable is $170.00 per amendment.
– Sydney Water Building Plan Approval
The Service Fee in respect of the Services is based on the scope and assumptions as briefed by customer/lead provider. The Customer acknowledges that the Service Fee will change if the scope and assumptions are altered.
Should the DA/CC/OC/CDC/BIC applications require modification, a fee for service will be payable, as applicable.
A re-inspection fee may be charged for issue of any additional Occupation Certificates. An additional Council statutory lodgement fee will be required.
The Service Fee covers the inspections as per listed on your approval documents (once approval has been issued) at the Schedule of Mandatory Inspections. If re-inspections are required (for example, due to works not being completed properly) then an additional fee will be charged.
Quotations/fee proposals are valid for 30 days from date of issue.
Payment Schedule: Pre-payment is required prior to commencement of preparation of documents and submission to approval bodies. Payment plans, if approved by the Supplier, will attract an administration service fee. Any delays caused by late payments are the responsibility of the Customer.
Payment in full is required prior to the issue of planning certificates, letters of consent, reports, drafted plans and documents. Any delays caused by non-payment is the responsibility of the Customer.
Fees and charges apply to all Services and may be varied at any time without notice. Government charges, NSW Portal lodgement fees, taxes and permits may also apply.
The Customer acknowledges and agrees that:
– the Supplier relies on the accuracy and completeness of the information and documents provided by the Customer/Representatives to the Supplier. Approvals process and development consent is subject to assessment of final documentation and determination by consent authorities.
– it has made full and frank disclosures of all relevant facts and circumstances to the Supplier, to assist the Supplier with the provision of the Services, and
– the Supplier takes no responsibility for the accuracy and completeness of the information and documents provided by the Customer or the information and documents submitted to Third Parties as required to perform the provision of Services. It is the responsibility of the customer to ensure all documents supplied by them are accurate, correct and compliant with all applicable planning codes and building standards. The Customer accepts full responsibility for any delays and costs caused by incorrect or inaccurate documents, plans and reports they supply to All Plan Approvals.
– All Plan Approvals provides no guarantee that consent can be granted in all instances. Where our services relate to council and certifier approvals, while all the efforts are made to assist you with the planning approval process, All Plan Approvals, its directors, employees and contractors have no control over and cannot guarantee the positive outcome of the application, the nature of conditions of consent imposed by council or regulatory authorities on approval or the duration of this process.
-The Customer accepts that the Supplier relies on the timely receipt of information and documents required for the approvals process from the Customer/Representatives to the Supplier. ECL Technology Group Pty Ltd (trading as All Plan Approvals) provides no guarantee that specific dates can be met in issuing planning consent and/or documents.
– Full or part payment of fees is deemed acceptance of this Agreement.
– Where the Customer provides documents, including architectural plans, the Customer is responsible to co-ordinate all documents supplied to All Plan Approvals so they are compliant, complete and accurate. All Plan Approvals is not responsible for any delays caused by incorrect, incomplete, insufficient or non-compliant documents, plans or reports supplied by the Customer.
– Consultants, Council staff and Certifiers may access your site for inspection/document preparation at their convenience.
– The Customer agrees that works will not commence on site until consent has been granted by the relevant authority. If the proposed building work needs development consent, work can not commence on site until the construction certificate has been issued. Building works that have substantially commenced or have been completed by the Customer/Customer’s builder will require an application through council. The Customer accepts that if works are commenced/completed on site prior to the issue of the CC/CDC, the CDC will not be valid and an Occupation Certificate cannot be issued. A new application will be required to be lodged into council and a new application fee is payable by the Customer. Additional documentation may be required. No refund of fees is payable to the Customer if the Customer has commenced/completed works on site prior to the issue of relevant development consent.
– The Client Agreement will expire if no communications are received from the Customer for a period of six (6) months. No refund of fees or payments will be payable. If the Customer wishes to proceed, a new Customer Agreement will be required and new service fees will apply.
-An archive retrieval fee will apply to supply any past document once the project is final.
– The Customer agrees to communicate and treat all staff and consultants with courtesy and respect at all times. Threats of any kind will result in termination of agreement without refund.
This Agreement may be terminated by written notice in the event of a material breach of the agreement or an insolvency event occurs. The Customer must pay immediately all outstanding Service Fee, Disbursements and other amounts owing. Any fees paid by the Customer to the Supplier are non-refundable except as required by law. In the event of a full or partial refund of the Service Fee, a $150 administration and processing fee will apply.
- If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available, the parties are immediately released from their obligations under the Agreement.
Trademark and Copyright
All Plan Approvals trademarks and logos (“Marks”) shown on this site are the property of All Plan Approvals. Website users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of All Plan Approvals.
You may not use technology to include any content from this site on any other website or publication without All Plan Approvals express written consent. Further, you may not utilize site content in any meta tags or any other techniques or technologies without All Plan Approvals express written consent. All content on this site, including images, diagrams and photographs, is protected by copyright, trademark and other applicable Australian and International laws.
You understand this site may contain links to other websites or resources that are operated by third parties not affiliated with All Plan Approvals. ECL Technology Group Pty Ltd is not responsible or liable for any content, advertising, recommendations, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement by us of the content contained on linked sites or resources.
All Plan Approvals is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
YOU AGREE YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE ON AN “AS IS” BASIS. IF YOU DO NOT AGREE THEN YOU WILL LEAVE THE SITE IMMEDIATELY. All Plan Approvals RESERVE THE RIGHT TO AMEND THE SITE OR PART THEREOF AT ANY TIME.
All Plan Approvals DO NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER WILL BE VIRUS-FREE OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE.
YOU ACCEPT THAT IF YOU DO DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
All Plan Approvals shall be excused from these Terms of Service to the extent it is prevented or delayed from performing, in whole or in part, as a result of any event or series of events caused by or resulting from:
* weather conditions, elements of nature or acts of God
* acts of war, acts of terrorism, riot, civil disorders
* quarantines or embargoes
* labour strikes
* Force majeure events which are beyond our control, including pandemics or border control
* any cause beyond the reasonable control of All Plan Approvals.
You will indemnify and hold harmless All Plan Approvals from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever arising out of your use of services.
All Plan Approvals does not provide to you any investment, valuation, appraisal, legal, financial or taxation advice as to the suitability of any property or development project.
You agree that your use of the site and contact by email to All Plan Approvals means you are communicating with us electronically.
You consent to receive electronic communications related to your use of this site. You agree that all agreements, notices, disclosures and other communications provided to you electronically meet any legal requirement that such communications be in writing.
All notices from All Plan Approvals intended for receipt by a client shall be deemed delivered and effective once sent to the email address provided to us or any other third party.
GENERAL RULES AND DEFINITIONS
In this Agreement, unless the context indicates the contrary:
‘Agreement’ means this agreement and the Proposal.
‘Customer’ means the customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation, Proposal or any other document as provided by the Supplier to the Customer.
‘Confidential Information’ means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
- information that enters the public domain or is disclosed to a party by a Third Party, other than through a breach of this Agreement, and
- information developed independently by a party.
‘Disbursements’ means any costs, charges, expenses or liabilities incurred by the Supplier and owed to Third Parties in relation to the provision or delivery of the Services that are billable directly to the Customer.
‘Force Majeure Event’ means any event beyond the control of ECL Technology Group Pty Ltd (trading as All Plan Approvals).
‘Intellectual Property Rights’ means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
‘Payment Schedule’ means the table outlining the due date for prepayment of the Service Fee, as outlined in the Proposal.
‘Proposal’ means the document titled ‘Proposal’ provided by the Supplier to the Customer in respect of the Services which forms part of this Agreement
‘Supplier’ means ECL Technology Group Pty Ltd (trading as All Plan Approvals).
‘Services’ means the services to be provided by the Supplier as outlined in the Proposal.
‘Service Fee’ means the amount detailed in the Proposal and set out in the Supplier’s tax invoices.
Third Party means an entity other than ECL Technology Group Pty Ltd (trading as All Plan Approvals) or its subsidiaries.
- Any instructions (whether written, oral or by conduct) received by the Supplier from the Customer for the provision of Services constitutes acceptance of the terms and conditions contained in this Agreement.
- Where more than one (1) Customer has entered into this Agreement, the Customers shall be jointly and severally liable for all payments of the Service Fee and disbursements.
- Upon acceptance of these terms and conditions by the Customer, the terms and conditions are binding and can only be amended with the written consent of the Supplier.
- The Customer must give the Supplier not less than seven (7) days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, phone number, email address or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.
- None of the Supplier’s agents, employees, contractors, sub-contractors or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Supplier in writing and the Supplier is not bound by any such unauthorised statements.
- In consideration of the payment of the Service Fee, the Supplier will provide the Services to the Customer in accordance with this Agreement and the Proposal.
- The Services to be provided to the Customer are detailed in the Proposal.
- The Supplier may engage Third Party service providers in the provision of the Services pursuant to this Agreement and the Proposal.
- If the Customer requires any changes to the scope and nature of the Services to be provided as outlined in the Proposal, which the Supplier advises requires additional time, material or resources to be provided by the Supplier, such changes will incur additional Service Fees and Disbursements required to undertake such additional services.
- In the event of changes to scope of works or cancellation of services, an administration fee is payable.
Out Of Scope Works Fees
Work required by the Customer that is outside the agreed Scope of Works shall require pre-payment at $170 per hour (minimum charge is one (1) hour). This may include amending planning reports, sourcing or providing documents and information that is older than three (3) months on behalf of customer or their agent/representative for any reason.
- The Customer will provide all required material to assist the Supplier in the provision of the Services. All materials supplied by the Customer must be provided in a form suitable for incorporation into the Services without any modification by the Supplier.
- If any person makes any claim alleging that the materials supplied by the Customer or any use of it by the Supplier in accordance with this Agreement, infringes any Intellectual Property Rights or any other right of any person, organisation, government body or company, the Customer hereby agrees to indemnify and hold harmless the Supplier from and against any such claim and from and against any loss (including legal fees) arising in connection with the claim.
- The Customer acknowledges and agrees that it is solely the obligation of the Customer to:
- warrant the authenticity, accuracy and completeness of the information and documents provided by the Customer to the Supplier in respect of the supply of the Services. The Supplier takes no responsibility for the accuracy and completeness of the information and documents provided by the Customer or the information and documents submitted to Third Parties as required to perform the provision of Services; and
- accept responsibility for any delays caused by incomplete, inaccurate, non-compliant or unsupplied documents, plans and reports to be supplied by the Customer, to assist the Supplier with the provision of the Services.
- make full and frank disclosures of all relevant facts and circumstances to the Supplier, to assist the Supplier with the provision of the Services.
- accept full responsibility for any instructions (whether written, oral or by conduct) received by the Supplier from the Customer for the provision of Services.
- The Customer must pay the Service Fee, Disbursements and any additional fees incurred under this Agreement in accordance with the Supplier’s invoice contained in the Proposal. Time for payment of the Service Fee shall be of the essence.
- The Customer agrees to make payment of the Service Fee by cheque, bank cheque or direct debit as directed by the Supplier.
- The Supplier may require the Customer to make prepayment of the Service Fee as specified in the Proposal.
- Without prejudice to any other remedies the Supplier may have, if the Customer has not paid the Service Fee within seven (7) days of the due date of payment in accordance with the Proposal, the Supplier may immediately without notice withhold consent documents and certificates, suspend or terminate the Services. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
- If the Customer defaults in payment of any invoice when due, the Customer agrees to indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal and/or third party debt collection costs. The Customer acknowledges and accepts the outlay of debt recovery fees by the Supplier will added to the amount payable.
- Any fees paid by the Customer to the Supplier are non-refundable except as required by law. The Customer is responsible for providing complete and accurate billing and contact information to the Supplier.
- The Supplier may revise the fees and terms of service without further notice.
- The Customer must not, without the prior written consent of the Supplier, use or disclose the Supplier’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
- The Supplier may disclose the Customer’s Confidential Information where the Customer is in breach of this Agreement, and/or any applicable laws and/or regulations.
- The Customer warrants that:
- it has full power and authority to act, accept, execute, deliver and perform its obligations under this Agreement;
- if the Customer is a business, (ie, a company or corporation), their representative has full power and authority to act, accept, execute, deliver and perform its obligations under this Agreement;
- The Customer acknowledges and agrees that the Supplier makes no representation or warranty that:
- the Services provided will be error-free and free from defects;
- development and planning approvals will be granted by a Third Party;
- the Services will render the results in accordance with any prior representations made, or specifications provided, by the Supplier to the Customer prior to the date of this Agreement; or
- the Services will deliver the outcomes substantially in accordance with the Customer’s specifications.
- The Customer warrants that:
- To the full extent permitted by the Australian Consumer Law the Supplier excludes all liability in respect of interruption of business or any consequential or incidental damages (including due to negligence) incurred by the Customer in relation to the provision of Services.
- The Customer acknowledges and agrees that the Supplier is not liable for the following:
- Acts and/or omissions of a Third Party engaged by the Supplier to assist in the provision of Services which cause loss to the Customer;
- Failure of development and planning approvals by a Third Party;
- The imposition of conditional consent items or requests for additional information or reports by a Third Party;
- Time delays in the provision of the Services;
- Site conditions; and/or
- Amendments to the approval process.
- To the full extent permitted by law, the Supplier excludes all representations or terms (whether express or implied) other than those expressly set out in this Agreement.
- The Customer agrees that the Supplier’s total aggregate liability for all claims relating to this Agreement is limited to the $100.00.
- The Customer agrees to indemnify the Supplier in relation to all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from the Supplier’s failure to comply with this Agreement.
- The Customer agrees that it will continually indemnify the Supplier against any cost, loss, liability, or damage that the Supplier incurs as a result of the Customer’s use of the Services.
- The Supplier may appoint sub-contractors to perform the Services under this Agreement.
- All notices must be in writing and can be given by:
- ordinary post;
- registered post;
- electronic mail.
- All notices must be in writing and can be given by:
- Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.
- If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms and Conditions (and any documents executed in connection with it) is the entire Agreement and supersedes all other representations, arrangements or agreements.
- This Agreement may be executed in counterparts which will be taken together to constitute one document.
- All Plan Approvals will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event.
- Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, All Plan Approvals may immediately terminate this Agreement by written notice.
- All stamp duties and other government charges in relation to this Agreement must be paid by the Customer.
- This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.