Client Agreement

By signing this document, you agree to the terms outlined below:

    Client TERMS

    These Client Terms, together with any Client Form (defined in clause 1), set out the agreement (this ‘Agreement’) under the terms of which Habitat Housing ABN 92729715544 provides Services (defined in clause 2) to you or the company which you represent.

    1. CLIENT form, this agreement

    (a) These Client Terms will apply to all the Client’s dealings with the Service Provider, including being incorporated in all agreements, quotations or orders under which the
    Service Provider is to provide services to the Client (each a ‘Client Form’) together with any additional terms included in such Client Form (provided such additional terms are
    recorded in writing).

    (b) The Client will be taken to have accepted this Agreement if the Client accepts a Client Form, or if the Client orders, accepts or pays for any services provided by the Service Provider after receiving or becoming aware of this Agreement or these Client Terms.

    (c) In the event of any inconsistency between these Client Terms and any Client Form, the clauses of these Client Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Client Form) will prevail over these Client Terms to the extent of any inconsistency.

    2. Services

    (a) In consideration for the payment of the fees set out in the Client Form (Fees), the Service Provider will provide the Client with services set out in a Client Form (Services).

    (b) Unless otherwise agreed, the Service Provider may, in its discretion:
            (i) not commence work on any Services until the Client has paid any Fees or deposit payable in respect of such Services; and
            (ii) withhold delivery of Services until the Client has paid an invoice in respect of such Services.

    3. Client obligation

    3.1 PROVIDE INFORMATION AND LIAISON

    (a) The Client must provide the Service Provider with all documentation, information and assistance reasonably required for the Service Provider to perform the Services.

    (b) The Client agrees to liaise with the Service Provider as it reasonably requests for the purpose of enabling the Service Provider to provide the Services.

    4. Payment

    4.1 FEES

    The Client must pay to the Service Provider fees in the amounts and at the times set out in the Client Form or as otherwise agreed in writing.

    4.2 TIME FOR PAYMENT

    Unless otherwise agreed in writing:

    (a) if the Service Provider issues an invoice to the Client, payment must be made by the time(s) specified in such invoice; and
    (b) in all other circumstances, the Client must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.

    4.3 PAYMENT METHOD

    The Client must pay Fees using the fee payment method specified in the Client Form.

    4.4 EXPENSES

    Unless otherwise agreed in writing:

    (a) the Client will bear all Client Expenses specified in the Client Form, all surveyor fees, engineering consultant fees and other third party consultant fees, and all travel, accommodation, office stationery, computer storage, media and related expenses reasonably incurred by the Service Provider in connection with a Client Form; and

    (b) any third party costs incurred by the Service Provider in the course of performing the Services may be billed to the Client, unless specifically otherwise provided for in the Client Form.

    4.5 GST

    Unless otherwise indicated, amounts stated in a Client Form do not include GST. In relation to any GST payable for a taxable supply by the Service Provider, the Client must pay the GST subject to the Service Provider providing a tax invoice.

    4.6 CARD SURCHARGES

    The Service reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

    5. Changes

    (a) The Client must pay additional service fees for changes to Services requested by theClient which are outside the scope set out in the relevant Client Form (Changes).

    (b) Unless otherwise agreed in writing, the Service Provider may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.

    6. ACCREDITATIONS

    Unless otherwise agreed in writing:

    (a) all displays or publications of any deliverables provided to the Client as part of theServices (Deliverables) must, if requested by the Service Provider, bear an accreditation and/or a copyright notice including the Service Provider’s name in the form, size and location as directed by the Service Provider; and

    (b) the Service Provider retains the right to describe the Services and reproduce, publish and display the Deliverables in the Service Provider’s portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Services and Deliverables in connection with such uses.

    7. THIRD PARTY GOODS AND SERVICES

    (a) Any Service that requires the Service Provider to acquire goods and services supplied by a third party on behalf of the Client may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

    (b) The Client agrees to any Third Party Terms applicable to any goods and services supplied by a third party that the Client or Service Provider acquires as part of theServices and the Service Provider will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

    8. CONFIDENTIALITY

    (a) Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent.

    (b) This clause 8 does not apply to:
          (i) information which is generally available to the public (other than as a result of abreach of this Agreement or another obligation of confidence);
          (ii) information required to be disclosed by any law; or
          (iii) information disclosed by the Service Provider to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement.

    9. INTELLECTUAL PROPERTY

    9.1 CLIENT CONTENT

    (a) The Client grants to the Service Provider (and its subcontractors, employees and agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to perform any part of the Services.

    (b) The Client:
          (i) warrants that the Service Provider’s use of Client Content as contemplated by this Agreement will not infringe any third-party Intellectual Property Rights; and
          (ii) will indemnify the Service Provider from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.

    9.2 DEVELOPED IP

    All Developed IP will be solely and exclusively owned by the Service Provider.

    9.3 THE SERVICE PROVIDER IP

    (a) The Service Provider grants to the Client a non-exclusive, royalty free, non-transferable and revocable licence to use Service Provider IP and any Developed IP to the extent required for the Client to use, enjoy the benefit of or exploit the Services and/or theDeliverables.

    (b) Unless otherwise agreed in writing by the Service Provider or in this clause 9.3, the Client will not acquire Intellectual Property Rights in any Service Provider IP under thisAgreement or as part of receiving the Services.

    9.4 DEFINITIONS

    For the purposes of this clause 9:

    (a) “Client Content” means any Material supplied by the Client to the Service Provider under or in connection with this Agreement, including any Intellectual Property Rights attaching to that Material.

    (b) “Developed IP” means the Deliverables and any other Material produced by the Service Provider in the course of providing the Services, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material or theDeliverables.

    (c) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the start date set out in a Client Form, whether registered or unregistered.

    (d) “Service Provider IP” means all Material owned or licensed by the Service Provider that is not Developed IP and any Intellectual Property Rights attaching to that Material.

    (e) “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

    10. WARRANTIES

    (a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement or a Client Form are excluded.

    (b) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, the Service Provider’s liability for breach of that non-excludable condition, warranty or guarantee will, at the Service Provider’s option, be limited to:
          (i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
          (ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

    11. LIMITATION OF LIABILITY

    The Service Provider’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

    (a) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and

    (b) is limited, insofar as concerns other liability, to the total money paid to the Service Provider under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

    12. INDEMNITY

    The Client indemnifies the Service Provider from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

    (a) any breach of this Agreement by the Client; or

    (b) any negligent, fraudulent or criminal act or omission of the Client or its personnel.

    13. Sub-contracting

    The Service Provider may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

    14. Termination

    14.1 TERMINATION BY THE SERVICE PROVIDER

    The Service Provider may terminate this Agreement in whole or in part immediately by written notice to the Client if:

    (a) the Client is in breach of any term of this Agreement; or

    (b) the Client becomes subject to any form of insolvency or bankruptcy administration.

    14.2 TERMINATION BY THE CLIENT

    The Client may terminate this Agreement in whole or in part by written notice to the ServiceProvider if:

    (a) if the Service Provider has committed a material breach of this Agreement and has failed to remedy the breach within 30 days after receiving written notice from the Client; or

    (b) if the Service Provider consents to such termination, subject to the Client’s fulfilment of any pre-conditions to such consent (for example, payment of a pro-rata portion of the agreed fees).

    14.3 EFFECT OF TERMINATION

    Upon termination of this Agreement, the Client must promptly pay (at the Service Provider’s request):

    (a) any payments required by the Service Provider to third party suppliers or service providers to discontinue their work;

    (b) the Service Provider’s standard fees in relation to work already performed; and/or

    (c) an equitable amount by way of profit margin on the preceding items.

    14.4 SURVIVAL

    Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, shall survive and be enforceable after such termination, including without limitation clauses 3, 6, 7, 8, 9, 10, 11, 12 and 14.3.

    15. Dispute Resolution

    (a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.

    (b) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.

    (c) The parties acknowledge that compliance with this clause 15 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
          (i) in the case of applications for urgent interlocutory relief; or
          (ii) a breach by another party of this clause 15.

    16. Notices

    16.1 FORM OF NOTICE

    A notice or other communication to a party under this Agreement must be:

    (a) in writing and in English; and

    (b) addressed to that party to:
    (i) the postal address of that party; or
    (ii) the email address of that party that has been regularly used by the parties to correspond during the term of this Agreement (unless such email address is known to be inactive by the party giving notice).

    16.2 HOW NOTICE MUST BE GIVEN

    Method

    By hand

    By pre paid post in the same country

    When notice is regarded as given and received

    On delivery

    On the third business day after the date of posting

    By pre paid post in another country

    On the fifth business day after the date of posting by airmail

    By email to the nominated email address

    Unless the party sending the email knows or reasonably ought to suspect that the email and the attached communication were not delivered to the addressee’s domain specified in the email address, 24 hours after the email was sent.

    17. General

    17.1 GOVERNING LAW

    This Agreement is governed by the law applying in New South Wales, Australia.

    17.2 JURISDICTION

    Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    17.3 ASSIGNMENT

    A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).

    17.4 RELATIONSHIP

    (a) Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between the Service Provider and the Client or any of their respective employees, agents or contractors.

    (b) Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.

    17.5 AMENDMENTS

    This Agreement may only be amended by a document signed by each party.

    17.6 WAIVER

    No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    17.7 FURTHER ACTS AND DOCUMENTS

    Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.

    17.8 ENTIRE AGREEMENT

    This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.

    Our Philosophy

    At Habitat Housing, we believe that home is more than a place. It’s an expression of one’s self, a personal sanctuary, and a canvas for life’s most precious moments. Our mission is to revolutionize the way people live and work by creating stunning, luxurious spaces that not only meet but exceed expectations.

    Through our innovative design methods and deep understanding of human comfort and residential living, we strive to evoke joy, serenity, and the sense of ease that comes with knowing every element of your home serves a purpose. Whether you desire the thrill of outdoor living or the cosiness of an indoor retreat, Habitat Housing’s designs encapsulate it all.

    Our dedication to quality, cost-efficiency, and client satisfaction shines through in every project we undertake. Utilizing the latest trends and technology, we design homes that are as unique as our clients, giving you a place you’ll be proud to call your own. Experience the Habitat Housing difference and step into the home of your dreams.

    The Process

    An excellent final product stems from ongoing coordination between the client, designer and builder, all of whom work collaboratively towards a common end goal.

    Habitat Housing utilizes a full Building Information Modelling (BIM) system to develop and manage an accurate analysis of your home throughout the development life-cycle. This includes three-dimensional, real-time, dynamic building modelling software which increases efficiency, accuracy and relinquishes any doubts or queries the client may have at every stage of the process. 

    We apply a holistic approach to design at all stages, including:

    • Pre-Design
    • Concept Design
    • Coordination
    • Development Application
    • Construction Documentation
    • On-Site Management
     

    We recognise the beauty in no two projects ever being the same and every project providing an exciting opportunity for a great solution. We use the client’s brief as a guide to govern our services tailored to best suit their outcomes.

    Building Design

    Our building design service is a testament to the harmonious fusion of creativity, innovation, and practicality. Our team of architects and designers invest countless hours into the planning and conceptualization of your dream home. We meticulously consider every aspect, from the layout and flow of spaces to the choice of materials, all while paying homage to the surrounding landscape. We seamlessly blend the latest architectural trends with timeless design principles, ensuring that your home not only stands out but also endures the test of time.

    Interior Design

    Our interior design service at Habitat Housing goes beyond aesthetics. We delve into your lifestyle and aspirations to shape interiors that resonate with your identity. Blending contemporary trends with timeless style, we create luxurious, comfort-filled spaces that tell your unique story. This includes detailing and scheduling all interior elements of your project, complemented by real-life imagery of the final product for enhanced clarity.

    Project Management

    Project management guarantees a smooth, worry-free voyage from the initial blueprint to the completed masterpiece. Through scrupulous planning, open and clear communication, and swift execution, we seamlessly convert the intricate home building process into a delightful and stress-free experience. As part of this process, we oversee all project consultants to guarantee that their plans and reports align harmoniously with the architectural vision of the design.

    Featured Work

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    Contact

    Habitat Housing

    +61 425 305 938
    contact@habitathousing.com.au

    Email Us ➝

    Address

    Studio 1 / 7 Gerald Street,
    Marrickville NSW 2204

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