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Website Terms of Use

Last updated: [date of publication, to be confirmed]

1. About these Terms

These Website Terms of Use apply to your use of the Lithos Projects website.

In these Terms, “Lithos Projects”, “Lithos”, “we”, “us” and “our” refer to:

[insert legal entity name]
ABN: [insert ABN]

By accessing or using this website, you agree to these Terms.

If you do not agree with these Terms, you should not use this website.

These Terms relate only to use of the website. They do not constitute a project management consultancy agreement or other professional engagement with Lithos.

2. About Lithos Projects

Lithos Projects provides project management consultancy services in connection with residential renovations, construction projects and owner-builder projects.

Depending on the agreed scope, our consultancy services may include:

• project planning and briefing;
• design and consultant coordination;
• documentation coordination;
• coordination of approval processes;
• preparation and coordination of scopes of work;
• procurement assistance;
• quotation review and comparison;
• programme development and coordination;
• coordination between consultants, contractors, trades and suppliers;
• project administration;
• progress monitoring;
• variation review;
• project communication;
• issue coordination; and
• completion and close-out coordination.

Lithos provides consultancy, coordination, administration and project management services only.

Lithos does not contract to carry out building work and does not act as the builder or head contractor for the project unless expressly stated otherwise in a separate written agreement and legally permitted.

The precise services provided for each project will be set out in a separate written proposal or Project Management Consultancy Agreement.

3. No engagement created through this website

Nothing contained on this website creates a professional engagement between you and Lithos.

Submitting an enquiry, providing information, uploading documents, booking a consultation or speaking with Lithos does not by itself create a client relationship or require Lithos to accept an engagement.

Lithos will only be formally engaged once the applicable written proposal, consultancy agreement or other engagement document has been accepted in accordance with its terms.

Until that occurs, any information provided by Lithos is preliminary and general in nature.

4. General information only

The information contained on this website is provided for general information about Lithos Projects and the services we may provide.

Website content should not be relied upon as:

• building advice specific to your project;
• engineering advice;
• architectural advice;
• building surveying advice;
• planning advice;
• legal advice;
• financial advice;
• tax advice;
• insurance advice; or
• statutory certification.

Every construction project is different.

Project requirements may vary depending on matters including:

• location;
• planning controls;
• building regulations;
• existing site conditions;
• design;
• structural requirements;
• building classification;
• project value;
• approvals;
• contractor registration requirements;
• consultant requirements;
• construction methodology; and
• owner-builder obligations.

You should obtain advice from appropriately qualified or registered professionals where required for your particular project.

5. Role of Lithos Projects

Lithos Projects acts as a project management consultant.

Unless expressly agreed otherwise in writing and legally permitted, Lithos:

• is not the builder;
• is not the head contractor;
• does not undertake building work;
• does not employ trades to carry out building work;
• does not enter into building contracts on behalf of the owner;
• does not contract with trades or suppliers in its own name for the owner's project;
• does not accept quotations on behalf of the owner;
• does not approve quotations or variations on behalf of the owner;
• does not make payments to consultants, contractors, trades or suppliers on behalf of the owner;
• does not provide building surveying or statutory certification services;
• does not provide engineering certification unless separately qualified and expressly engaged to do so;
• does not certify workmanship or regulatory compliance; and
• does not assume the statutory or contractual responsibilities of the owner, owner-builder, builder, contractor, consultant, building surveyor or other project participant.

Lithos provides professional project management consultancy, coordination, administration and advice to assist the owner with the management of their project.

6. Owner decisions and authority

The owner remains responsible for all final commercial and appointment decisions relating to the project.

This includes deciding whether to:

• appoint a particular consultant;
• appoint a particular contractor or trade;
• use a particular supplier;
• accept or reject a quotation;
• approve or reject a variation;
• select a particular product, fixture, fitting or finish;
• approve additional expenditure;
• proceed with particular work; and
• make payment.

Lithos may assist the owner by:

• defining scopes;
• sourcing or introducing potential project participants;
• coordinating quotations;
• comparing quotations;
• identifying apparent exclusions or inconsistencies;
• discussing commercial implications;
• providing recommendations; and
• coordinating the parties involved.

However, the final decision remains with the owner.

Lithos does not have authority to bind the owner to a contract or financial commitment unless expressly authorised in writing and legally permitted.

7. Consultants, contractors, trades and suppliers

As part of its consultancy services, Lithos may introduce the owner to consultants, contractors, trades, suppliers and other service providers within Lithos's professional network.

Lithos may also assist with:

• scope preparation;
• quotation coordination;
• quotation comparison;
• programming;
• project communication;
• sequencing;
• coordination between project participants; and
• review of project issues.

Unless otherwise expressly agreed, each consultant, contractor, trade or supplier is engaged directly by the owner.

Those parties remain independently responsible for:

• their own services and work;
• workmanship;
• compliance with their contractual obligations;
• licences and registrations;
• insurance;
• employees;
• subcontractors;
• safety obligations;
• warranties; and
• statutory responsibilities applying to their work.

An introduction, recommendation or previous working relationship between Lithos and a third party does not constitute a guarantee or warranty of that party's future performance.

The owner remains responsible for deciding whether to appoint that party.

8. Trade and supplier network

Access to Lithos's professional network may form part of the value of our consultancy services.

However:

• clients are not required to use trades or suppliers introduced by Lithos;
• the owner may nominate their own preferred contractors or suppliers;
• Lithos does not represent that every trade or supplier will be available for every project;
• availability may depend on location, programme, project type and workload; and
• an introduction does not create an employment, partnership or subcontracting relationship between Lithos and that party.

Unless expressly disclosed otherwise, Lithos's project management fee is separate from amounts charged by consultants, contractors, trades and suppliers.

9. Owner-builder projects

Where a project is undertaken using an owner-builder structure, the owner remains the owner-builder.

Lithos's engagement as project management consultant does not transfer the owner's owner-builder obligations or responsibilities to Lithos.

In Victoria, an owner-builder is a person who takes responsibility for domestic building work carried out on their own land. Current BPC guidance describes owner-builder responsibilities as including matters such as ensuring permits are obtained, supervising or undertaking the work and ensuring the work meets applicable standards.

Where applicable, the owner remains responsible for:

• satisfying owner-builder eligibility requirements;
• obtaining required owner-builder consents;
• obtaining required permits;
• engaging appropriately registered or licensed practitioners where required;
• complying with applicable statutory obligations;
• complying with building regulations and standards;
• maintaining required records;
• meeting applicable insurance obligations; and
• meeting any obligations relating to future sale of owner-built property.

Lithos may assist the owner with project management and coordination within the agreed consultancy scope.

Lithos does not assume the owner's statutory role merely because Lithos has been engaged to provide project management consultancy services.

The owner should obtain independent legal, regulatory, building surveying and insurance advice regarding owner-builder obligations where appropriate.

10. Registration and practitioner requirements

Some building work and professional services must be undertaken by appropriately registered or licensed practitioners.

Lithos does not represent that every person introduced or considered for a project is suitable for every category of work.

Where registration, licensing, certification or specialist qualifications are required, the owner should ensure the appointed party holds the appropriate current credentials.

Lithos may assist with reviewing or coordinating this information as part of its agreed consultancy scope but does not replace the relevant regulator, certifier or statutory authority.

11. Site attendance and progress monitoring

Where included within the agreed scope, Lithos may attend site and:

• monitor general project progress;
• observe work in progress;
• coordinate project participants;
• review programme status;
• identify apparent issues;
• communicate concerns;
• coordinate responses;
• track outstanding matters; and
• report to the owner.

Site attendance by Lithos is undertaken as part of its project management consultancy role.

It does not, unless expressly agreed and legally authorised, constitute:

• statutory inspection;
• building certification;
• engineering certification;
• building surveying;
• independent building inspection;
• approval of workmanship;
• approval of regulatory compliance; or
• acceptance of responsibility for the contractor's work.

The contractor or consultant responsible for particular work remains responsible for that work.

12. Drawings, documentation and technical information

Lithos may assist with coordinating drawings, specifications, consultant documents and other project information.

Lithos may identify apparent inconsistencies, omissions or coordination issues as part of its consultancy services.

However, the author of each document remains responsible for the professional services and documentation they provide.

For example:

• an architect or designer remains responsible for architectural documentation;
• an engineer remains responsible for engineering design and certification;
• a building surveyor remains responsible for statutory building surveying functions; and
• specialist consultants remain responsible for their respective professional services.

Lithos's coordination of project documentation does not transfer those professional responsibilities to Lithos.

13. Quotations and cost advice

Lithos may assist with obtaining, reviewing and comparing quotations.

This may include considering matters such as:

• scope;
• exclusions;
• allowances;
• qualifications;
• programme;
• apparent duplication;
• commercial differences; and
• compatibility with the broader project.

Lithos does not guarantee that:

• a quotation contains every item ultimately required;
• a contractor will not seek a variation;
• a project will be completed for the quoted amount; or
• market pricing will remain unchanged.

The owner remains responsible for accepting or rejecting the quotation and entering into the relevant agreement.

14. Lithos fees

Lithos generally operates on an agreed project management consultancy fee for the defined scope of services.

Where a fixed consultancy fee is agreed, that fee applies to the scope, assumptions, project duration and level of involvement specified in the applicable proposal or consultancy agreement.

Lithos's fee is not automatically increased simply because the owner selects a more expensive product, finish or contractor.

However, additional fees may apply where the scope of Lithos's consultancy services materially changes, including where there is:

• a material change in project scope;
• a significant extension to the anticipated project duration;
• suspension and later recommencement of the project;
• additional services requested by the client;
• substantial redesign;
• additional procurement packages; or
• additional site or management involvement beyond the agreed scope.

Any applicable fee arrangements will be governed by the Project Management Consultancy Agreement rather than these Website Terms.

15. Construction costs

A fixed Lithos consultancy fee does not mean that the underlying construction cost is fixed.

Project costs may increase or decrease because of matters including:

• changes requested by the owner;
• variations;
• latent or unforeseen conditions;
• design development;
• documentation changes;
• statutory requirements;
• authority requirements;
• material availability;
• contractor availability;
• market conditions;
• programme delays;
• additional work; and
• events outside Lithos's reasonable control.

Lithos may assist the owner to identify, assess and manage these matters, but cannot guarantee that they will not occur.

16. Project savings and case studies

This website may refer to previous projects where the final project cost was materially different from another delivery option or builder quotation.

These examples relate only to the circumstances of those particular projects.

They do not constitute a promise or guarantee that:

• another client will achieve the same saving;
• a project will be cheaper than engaging a builder;
• any particular percentage saving will be achieved; or
• the same project could be replicated at the same cost.

Project outcomes depend on numerous factors including scope, timing, location, market conditions, documentation quality, procurement, design choices and project complexity.

Where comparisons are shown, they should be treated as examples of previous outcomes only.

17. Programme and timing

Lithos may prepare, maintain or coordinate project programmes as part of its consultancy services.

Construction programmes are planning and management tools.

Dates may be affected by matters including:

• contractor availability;
• weather;
• approvals;
• client decisions;
• material lead times;
• variations;
• latent conditions;
• consultant responses;
• inspections; and
• matters outside Lithos's control.

Lithos does not guarantee that a project will be completed by a particular date unless expressly stated in a separate written agreement.

18. Third-party performance

Lithos is not responsible for the acts or omissions of independent consultants, contractors, trades, suppliers or other third parties merely because Lithos:

• introduced them;
• recommended them;
• communicated with them;
• coordinated them; or
• worked with them previously.

Nothing in this clause limits any responsibility Lithos may have for its own consultancy services.

19. Website content and accuracy

Lithos takes reasonable care when preparing website content.

However, website information may become outdated or incomplete.

We do not guarantee that every item on the website is current at all times.

Lithos may amend, replace or remove website content without notice.

You should confirm information relevant to your individual circumstances before relying upon it.

20. Intellectual property

Unless otherwise stated, website content including:

• text;
• logos;
• branding;
• graphics;
• photographs;
• diagrams;
• layouts;
• case studies;
• project descriptions; and
• other materials

is owned by or licensed to Lithos Projects.

You may view and print material for personal, non-commercial purposes.

You must not reproduce, distribute, publish, commercially exploit, modify or use Lithos content without prior written permission except where permitted by law.

21. Project photographs and material

The website may include:

• project photographs;
• architectural drawings;
• renders;
• design material;
• plans;
• construction images; and
• other project information.

These materials may be owned by Lithos, clients, architects, designers, photographers or other parties and may be used with permission.

Their inclusion on the website does not grant website users any intellectual property rights in those materials.

22. Third-party websites and services

The website may contain links to third-party websites, booking platforms, software or other services.

Lithos does not control those third-party services.

A link does not necessarily constitute an endorsement.

You should review any applicable third-party terms and privacy policies before using those services.

23. Website availability

Lithos does not guarantee that:

• the website will always be available;
• access will be uninterrupted;
• every function will operate without error; or
• website content will always be free from technical issues.

We may alter, suspend or discontinue parts of the website where reasonably required.

24. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Consumer guarantees may apply to services provided by Lithos and cannot simply be removed through contractual wording.

To the extent permitted by law, these Terms should be interpreted consistently with those rights.

25. Liability relating to website information

To the maximum extent permitted by law, Lithos is not liable for loss arising solely because a person relied upon general information on this website as a substitute for project-specific professional advice.

Nothing in this clause excludes liability that cannot lawfully be excluded.

Any liability associated with professional consultancy services actually provided by Lithos will be governed by the applicable Project Management Consultancy Agreement and relevant law.

26. Privacy

Personal information collected through this website is handled in accordance with the Lithos Projects Privacy Policy.

By submitting information through the website, you acknowledge that we may use that information for purposes including:

• responding to your enquiry;
• assessing whether Lithos may be suitable for your project;
• arranging a consultation; and
• preparing a proposal if requested.

27. Changes to these Terms

Lithos may update these Terms from time to time.

The current version will be published on the website together with the date of the latest update.

Your continued use of the website following publication of an updated version constitutes acceptance of the updated Website Terms of Use.

28. Governing law

These Website Terms of Use are governed by the laws of Victoria, Australia.

You submit to the jurisdiction of courts and tribunals having jurisdiction in Victoria and the Commonwealth of Australia.

29. Contact

If you have questions regarding these Website Terms of Use, contact:

Lithos Projects
[legal entity name]
ABN: [ABN]
Melbourne, Victoria, Australia
Email: info@lithosprojects.com.au
Phone: 0456 222 293