Personal information collection:
Elementree may collect and use the following kinds of personal information:
Information about your use of this website. Information that you provide for the purpose of registering with the website. Information that you provide for the purpose of subscribing to the website services and any other information that you send to Elementree.
Using personal information:
Elementree may use your personal information to:
- Enable your access to and use of the website services
- Send to you products that you purchase
- Supply to you services that you purchase
- Send to you statements and invoices
- Collect payments from you; and
- Send you marketing communications
Where Elementree discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Elementree may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data:
Elementree will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Elementree will store all the personal information you provide.
Updating this statement:
This website contains links to other websites. Elementree is not responsible for the privacy policies or practices of any third party.
Terms and Conditions of sale
Our appointment is subject to the following conditions & acknowledgement of this fee proposal:
Work will commence upon receipt of this signed agreement via email or mail along with a confirmation of deposit paid. This confirmation is to be in the form of an official bank receipt. If an official bank receipt is not received, work will not commence until funds are received into Elementree’s bank account.
Where Elementree’s services are suspended for any reason by the Customer or Elementree, Elementree is entitled to payment of all fees and any associated costs. All other rights and entitlements of Elementree continue as though the suspension had not taken place.
Payment of Invoices:
A 50% deposit is required for any project, unless the Customer has an approved account with Elementree. Balance amounts due under an invoice must be paid prior to receipt of works and must be paid within 14 days of the date of the invoice.
Amounts due under an invoice and not paid within the above period will be subject to interest at a rate of 15% per annum. Interest will be applied pro rata on the outstanding balance by dividing the rate by 365 to obtain a daily rate and multiplying that percentage by the number of days the balance is outstanding.
The Customer shall be liable to pay for the costs of any actions taken to recover the debt of monies not paid, and Elementree is entitled to suspend provision of services if any payment in relation to a properly submitted invoice is overdue.
Elementree does not retain copyright in The Design. The Design means, design concepts, drawings and documents provided under this agreement.
Elementree grants the Customer an express licence to use The Design for any purposes.
Electronic Data Transfer:
The Customer agrees that:
- Elementree may issue data electronically to it and to others involved in the project;
- Elementree is not responsible for the accuracy, completeness or any contamination of electronically transmitted data;
Elementree must maintain:
- Professional indemnity insurance
- Public liability insurance
- Workers Compensation Insurance
Elementree has no liability to the Customer 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). All care will be taken in preparing the design to be as accurate as is practical. The drawings will be based on the brief provided. However, Elementree Homes Pty Ltd T/A Elementree Drafting Services will accept no liability for any loss or damage incurred through the use of these drawings.
Elementree’s liability for a breach of a condition or warranty is limited to:
- Supplying of the Elementree’s services again.
Despite anything expressed or implied elsewhere in this agreement, Elementree and the Customer agree that:
- Elementree is not responsible for ensuring the constructed project complies with the building contract documents.
- Elementree gives no express or implied warranty that the project or The Design is fit for the Customer’s purpose;
- The applicable law of this agreement is the law of the state or territory in which the site of the project is located, unless it is outside Australia, in which case it is the law of the state or territory of Elementree’s address stated in this Agreement.
- This agreement supersedes all prior agreements relating to Elementree’s services for the project, and applies to all services provided by Elementree before the formal execution of this agreement.
If a dispute arises out of or in relation to this agreement the Customer and Elementree must continue to perform their obligations under the agreement.
If a dispute arises:
- Either party may deliver a notice in writing to the other party outlining the details of the dispute and requiring a meeting within seven days of the date of the notice to 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;
- If the parties are unable to resolve the dispute by mediation, either party may take legal action to resolve the dispute.
Either party may terminate this agreement after giving the other party 30 days’ notice in writing.
On Termination of this agreement, unless otherwise agreed in writing:
- The Customer must:
- pay the outstanding balance of all properly submitted invoices delivered prior to the notice, and
- pay Elementree for all services reasonably undertaken and any reimbursable expenses reasonably incurred by Elementree since the delivery of the notice, and
- Elementree must, on receipt of payment, issue to the Customer a copy of The Design as it exists up to the date of termination.
The Elementree Customer:
- …is a courteous and professional customer, who will always provide honest, respectful communication and feedback.
- …abides by our internal and external policies, when at our premises or when dealing with our team.
- …will have no Surprises. All requested information will be provided up front to enable us to provide you with an accurate quotation. Before signing the quotation, please ensure you read, understand and agree with our terms and conditions.
- Please ensure the details you provide to Elementree for quotation purposes are for the company and person responsible for ensuring payment for the work, and is only signed by the person it is addressed to. If you need us to change the addressee details, please let us know within 7 days.
- Always process and/or arrange payment of our invoice as per our agreed payment terms to avoid any late payment fees or delivery delays with your project.
- If you are not an account Customer with Elementree, please ensure you provide us with a formal bank receipt for every stage of your project.
- Please always provide adequate and correct information and clear instruction for the project and a written confirmation to us before expecting our Team to start working on your project.
- If Required, Please only provide us with confidential or copyrighted information that you have expressed rights to use or provide.
- Please only provide us with one main point of contact for your project to avoid any problems with conflicting information being provided.
- Please ensure amendments to the information you originally provided or any variation requests to the project are in writing. If our Team sends you an email confirmation of a verbal instruction please send a confirmation reply within 7 days. Your project will be put on hold until we receive this confirmation.
- Please be aware that we do not provide sketches ‘in process’. We will only send work at pre-arranged stages of the project.
- Please understand that we have a great team of highly skilled people and have delegated the most appropriate team member for your project. If for some reason you would like us to assign a different team member to your project, please let us know within 7 days.
- Please provide us with the earliest notification possible of any issues you discover with the project.
- Advise us if your project has a genuinely urgent or specific due date.
- Please answer or respond to our email or phone call as soon as possible, to prevent any potential delays to your project.
- Please keep an open mind and consider any ideas and suggestions we may provide for your project.
- We ask that you work with our Team on your project to achieve the best outcome.
- If we make an error on your project, please advise us within 7 days and allow us to rectify the work we have done.
- If you have a problem with anything relating to Elementree and/or the products and services we have provided to you, please ensure you notify us within 7 days and we will make all efforts to resolve it. If at any time you have an opportunity to refer a company to Elementree, please do so.
The Elementree Team:
- …is a happy, courteous and professional team, who will always provide honest, respectful communication and feedback.
- …has internal & external policies which our entire Team will abide by.
- …is entirely located in our offices at Annangrove, and we do not outsource any design or drafting work off-shore.
- …will have no Surprises. All pricing is quoted up front, unless our standard hourly rate is agreed to in writing. Along with a comprehensive quotation, we will provide you with full terms and conditions of the contract.
- …document will be addressed to the company and person responsible for ensuring payment for the work, and must be signed by the person it is addressed to.
- …will help to provide accurate and prompt invoicing.
- …will require a deposit or a formal bank receipt to be received (except for account customers). We do not send out the completed work until the final payment or a formal bank receipt has been received (except for account customers).
- …will not begin until all the adequate and correct information and clear instruction for the project has been received and we have a written confirmation from our Customer to proceed.
- …and the information you have provided to us will be treated as confidential. We will not use any information which is copyrighted to others or plans provided to us which you do not have expressed rights to use.
- …will be discussed with only one point of contact in your company for any information and/or questions. This avoids any problems with conflicting information being provided.
- …will require any amendments to the information you originally provided or variation requests to the project to be in writing. If you provide verbal information to our Team, they will send you an email confirmation.
- …does not include sketches ‘in process’. We will only send work at pre-arranged stages of the project.
- …will always have the most appropriate team member delegated to it.
- Our Team will provide you with the earliest notification possible of issues we discover with the project.
- …will be delivered by or before our promised due date. If you do have an urgent or specific due date, we will do our best to meet your timeline, but it cannot be guaranteed.
- We will always answer or respond to your email or phone call as soon as possible.
- Our Team will often provide you with Ideas and suggestions for your project.
- Our Team will work with you on your project to achieve the best outcome.
- At Elementree, in the unlikely event that we make an error on your project, we will rectify our work within 7 days and re-send or re-print any documentation you have purchased from us at no cost to you.
- Elementree are proud of the products and services we provide, and we endeavour to exceed your expectations on every project.