Terms Of Use

ArchiAssist Architectural, Interiors & Landscape Master Specification Documents Terms & Conditions of Use

 

Users of any ArchiAssist Master Specification document (herein called the Master documents) acknowledge:

1. The Architectural, Interiors & Landscape Master documents are those documents available from the ArchiAssist website at www.ArchiAssist.com.au .
2. The Master documents can only be used by persons employed by the business entity that purchased the Master documents. Master documents can be used for an unlimited time and for an unlimited number of projects.
3. Master documents are to be edited by an experienced technician to produce project specific contract documents. The User is responsible for the quality of editing of the Master documents.
4. The User acknowledges that successful construction is primarily influenced by; 1) well assembled contract documentation, 2) diligent selection of a competent Builder, 3) well attended contract administration.
5. The User is deemed to understand; 1) the specific projects documentation content, 2) the importance and use of a Specification, 3) the importance of documenting items in one logical place and avoiding information ‘double-up’.
6. The Master documents are edited mainly by deleting content not applicable to the specific project, and additions are to be minimal or not done at all. The User is to draw or schedule project specific materials and information.
7. Users are deemed to have read and understood the applicable Sample Specification and its explanatory preamble.
8. ArchiAssist is available for phone and email advice for Users regards; 1) editing Master documents and, 2) for advice on how Master documents can help resolve on-site construction disagreements.
9. The Master documents include the majority of typical, good quality, universal, modern Australian construction detail and excludes detail of rare/speciality/innovative construction, highly specific building type construction, and antiquated construction.
10. ArchiAssist publishes updated Master documents on-line on the 1st of April and the 1st of October each year. Only significant amendments are identified. ArchiAssist takes no responsibility for any dispute arising from Users working with out-of-date Master documents.
11. ArchiAssist retains copyright on Master documents. Users cannot sell or share Master documents with any other individual or business entity, or take any Master document text for use in another document.
12. For Users who belong to business entities spread across more than one Australian State (ie multi-State offices), Master documents are to be used only in the State that purchased the Master documents.
13. Users cannot use the Master documents to produce documentation for a separate business entity without the written permission of ArchiAssist.
14. The Design & Construct (D&C) Master documents are not designed to be used for final construction documentation.
15. These Terms & Conditions may be updated by ArchiAssist anytime without notice.

Thank you. We know you are going to enjoy using the ArchiAssist Master documents.

Dispute Resolution

Dear Client,
In simple terms, that below says that if in the rare event of a dispute between ArchiAssist Pty Ltd and the User (the Parties), it is to be resolved by mediation, and it doesn’t go to court.

Thank you, Greg.

A. Dispute between the Parties will be dealt with as follows (action in a court of law or tribunal will only apply where urgent interlocutory relief to protect a right or interest is required). If a Party (the 1st Party) considers a wrong-doing by the other (the 2nd Party), the 1st Party is to write a notice to the 2nd Party, detailing; dispute description, and how it thinks the 2nd Party should resolve the dispute. Within 7 days of receipt of this notice, the 2nd Party is to respond in writing; what they agree and disagree with in the dispute notice, their own views of the dispute, a suggestion to resolve the dispute. Within 15 working days after the 1st Party receives the reply notice, both Parties will cooperate to resolve the dispute via direct negotiation together with a Representative Facilitator from LEADR (Association of Dispute Resolvers). The organization and fees of this Representative will be responsibility of the 1st Party. If this process of negotiation fails to resolve the dispute after the 15 day period, the following applies.

B. Failing resolution via Item A above, the Parties will cooperate to settle the dispute by mediation, mediated by a Queensland Mediator (who has no prior relationship with any Party) appointed by the Chair of LEADR (Association of Dispute Resolvers), organized by the 1st Party.
Mediation is to commence within 20 working days after negotiation (under Item A) finish. Each Party will pay their own costs of this Mediation, and pay equally (50% each) the Mediators fees. LEADR Mediation Rules (available at www.leadr.com.au) apply to the mediation.
If this process of mediation fails to resolve the dispute, the Parties agree to the following.

C. Failing resolution via Item B above, the Parties will cooperate to settle the dispute by Commercial Arbitration, having a Arbitrator appointed under the Commercial Arbitration Act (Queensland), and appointed by a Representative of the Chair of the Australian Commercial Disputes Centre (ACDC). Arbitration will be conducted in Brisbane, Queensland (under ACDC Rules current at time of dispute) and the Arbitrator will adjudicate the dispute via making an arbitral award, which will be final and
binding. An Arbitrator is to be selected within 15 working days after negotiation (under Item B) finish. Each Party will meet their own
costs of this Arbitration, and pay equally (50% each) the Arbitrators fees.
The terms of this Item C shall survive termination the Terms & Conditions between the Parties.