Terms & Conditions

 

  1. CONTRACT
    • The contract is between GSTUDIO PTY LTD ACN 605 329 306 care of Level 3, 97 Pirie Street, Adelaide 5000 trading as GIORGOS (“Giorgos”) and the User, whereby the User uses the online Plan Portal owned and operated by Giorgos on the Website via the Online Form in relation to purchasing monthly access to Giorgos Building Plans (“Plan Portal”).
    • The Contract will consist of the following documents:
  • These Terms and Conditions;
  • The Terms and Conditions contained within the Website; and
  • The Disclaimer on the Website.
  1. TERM
    • Subject to termination in accordance with clause 11 the approximate term for the completion of the Contracted Services is on a monthly subscription basis.
  2. CHARGES, PAYMENT BILLING & BILLING DISPUTES

Invoiced Charges  

  • The User understands that all payment for Contracted Services will be invoiced to the User by Giorgos on a monthly subscription basis and payment will be made by the User via direct debit on the Website.
  • The User shall pay the fees upfront via direct debit on the Website.

Additional Changes

  • There will be no additional charges to the invoiced charges as described in clause 3.1 unless such additional costs and charges are agreed between the User and Giorgos.

Overdue Payments

  • Giorgos reserves the right to charge interest on any overdue amount payable to Giorgos by the User under the Contract. Interest will be charged from the Due Date until payment is received at a rate 2% above the Commonwealth Bank Corporate Overdraft Reference Rate or such other equivalent interest rate basis plus 2% should the Commonwealth Bank Corporate Overdraft Reference Rate be no longer published. The User will be liable to pay to Giorgos all expenses (including reasonable legal costs and expenses and the fees of Giorgos’ debt recovery agents) incurred by Giorgos in relation to recovering payments due under the Contract.
  • Giorgos reserves the right to withdraw any discounts or Special Offers that the User receives from Giorgos in connection with the supply of the Service where payment is not received by the Due Date other than where a billing dispute has been raised in accordance with clause 5.

Billing and Billing Disputes

  • On and from the Commencement Date Giorgos will provide the User with an invoice providing a breakdown of the fees and charges for the Service and any other charges payable pursuant to the Contract in each Invoice Period.
  • For the avoidance of doubt, Giorgos’ records and/or any other relevant records will be conclusive evidence of usage of the Service and the fees and charges payable by the User.
  • Unless otherwise agreed and for all packages excluding that in clause 3.9.4 herein, the User will be invoiced by Giorgos on a month-to-month basis for the Invoice Period, and payment of such invoice will be required by the User via direct debit. Upon submission of the Online Form through the Website, the User agrees to the terms in this clause 3.
  • The packages offered by Giorgos are as follows:
    • Enterprise Pack: Price on application
    • Casual and Public: $997.00 per Giorgos Schematic Floor Plan plus GST plus $49 per elevation plus GST to be paid at checkout upon submission of the Online Form through the Website; and
    • Giorgos may agree to create custom subscriptions for Users, the terms of which must be agreed in writing, and Giorgos has the discretion to decide when to create a custom subscription for any user.
  • Processing and verification procedures (including delays in receipt of billing information) may mean not all fees and charges during the period covered by a bill can be included in that bill. Giorgos may include those charges in any subsequent bills.
  • Giorgos reserves the right to re-issue any bill in the event that any error in the bill is subsequently discovered.
  • The User is liable for all charges whether or not the User authorised the particular use of Service by another person and the User will continue to be liable for the charges if the User allows another person to use the Service.

The User may dispute an invoice if the User reasonably believes that the User is not liable to pay the charges due to any inaccuracy, omission or error in the invoice. Any dispute relating to the payment or accuracy of any invoice must be resolved pursuant to the Billing Disputes Procedure specified in clause 5.

 

  1. PROVISIONS APPLICABLE TO THE CONTRACTED SERVICES

Provision of Service

  • Subject to the User‘s compliance with the Contract, Giorgos will use its best endeavours to provide the Service in accordance with the Contract and the requests of the User in the Online Form on the Website.

Co-operation with Giorgos

  • The User must cooperate with Giorgos and comply with any of its reasonable requests to allow Giorgos to supply the Service to the User efficiently. This includes meeting Giorgos’ reasonable requests, at no further cost to Giorgos, to:
  • provide any necessary forecasts and information to Giorgos, on which Giorgos will rely in establishing and supplying the Service to the User.

User’s Obligations:

  • The User must not use, or attempt to use, the Service:
  • To breach any term of the Contract;
  • For any improper or unlawful purpose or allow others to do so;
  • In breach of any applicable Government Agency requirements, legislation and laws including but not limited to any privacy laws; copyright laws and telecommunications laws;
  • To expose Giorgos to any Liability;
  • In any way which damages, interferes with or Interrupts the Service;
  • In any way which may damage any property or injure or kill any person; or
  • To transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted.

4.6             The User must:

(a)      Conduct inspections or obtain independent professional advice or otherwise in order to satisfy themselves of the block dimensions;

(b)      Arrange with adjoining neighbour(s) and obtain consent and/or the relevant approvals should retaining walls be required for the home.

 

  1. DISPUTES PROCEDURE
    • The parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the Contract.
    • In the event of a dispute as to fees and charges, the User shall notify Giorgos of any dispute in writing no later than 21 days for the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of dispute. Failure to make such notification within the time frame shall be deemed to be a waiver of the User’s rights to dispute the relevant invoice.
    • On receipt of a notice disputing fees under clause 5.2, the Representatives of both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the dispute.
    • In the event the parties are unable to resolve the dispute within [10] Business Days of the commencement of discussions under clause 5.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
    • During the existence of any dispute, the parties must continue to perform all of their obligations under the Contract, without prejudice to their position in respect of the dispute unless the parties agree otherwise and the User must continue to make payments of the amounts of fees and charges or part thereof which are not the subject of dispute.
    • During the existence of any dispute, the parties must continue to perform all of their obligations under the Contract, without prejudice to their position in respect of the dispute unless the parties agree otherwise.

5.7         Nothing in this clause prevents a party from seeking urgent interlocutory relief required in relation to the Contract. 

Confidential

5.8         All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential.

 

Venue and Jurisdiction

5.9         The Service offered by Giorgos is intended to be provided to the residents of Australia. In the event of any dispute arising out of or in relation to the Contract, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

  • COMPLIANCE WITH GOVERNMENT AGENCY REQUIREMENTS
    • In the event that Giorgos is unable to provide the Service substantially in the form and of the type contemplated under the Contract due to any direction of a Government Agency, law, rule, regulation, statute or ordinance then Giorgos shall provide notice to the User of that fact as expeditiously as possible and shall not be liable for any Liability incurred by the User as a result of Giorgos’ failure to provide the Service as contemplated pursuant to this clause 6.
    • Upon receipt by the User of a notice under clause 6.1, the User shall be at liberty to terminate the Service without penalty by notice to Giorgos within 14 days of receipt of the clause 14.1 Notice. If the User provides this notice to Giorgos within the said 14 days the Service shall be deemed to be terminated by the User.
  • NATURE OF THE CONDUCT
    • The Contract contains the entire agreement between Giorgos and the User and supersedes all prior communications and negotiations between the parties.
    • Unless otherwise specified in the Contract, no amendments or variation of the Contract is valid or binding on a party unless made in writing and signed by the User and Giorgos.
  • INDEMNITY
    • The User shall indemnify Giorgos from and against any Liability which may be incurred or suffered by Giorgos arising from any one or more of the following:
  • the breach by the User of a material term or any of the User’s obligations under the Contract;
  • any negligent act or omission or wilful misconduct by the User arising from the use of the Service, or otherwise arising out of the User‘s obligations under the Contract;
  • Any direct or indirect consequence of the User accessing, using or transacting on the Website or attempts to do so;
  • Any beach of the terms;
  • the use or provisioning of the Service; and
  • any claims or demands made upon Giorgos by reason of any loss, injury or damage which may be suffered by any person from the provisioning or use of the Service; and
  • any direct or indirect consequence of the User making any changes to the Giorgos Building Plans, including but not limited to any copyright infringement and/or any infringement of any other intellectual property laws and/or any issues with the building process and/or any issues with building codes.
  • DISCLAIMER 
  • The User understands and acknowledges that Giorgos will provide the Service but is not engaged to undergo any building works, Giorgos will simply provide the Giorgos Building Plans through Plan Portal.  
  • Giorgos has not made any representation to the User as to the nature or quality of any building works anticipated to be accomplished pursuant to the Giorgos Building Plans.
  • The User hereby holds Giorgos harmless from any defect in workmanship, default, damage, injury, or expense arising out of any building works performed pursuant to the Giorgos Building Plans.
  • The User understands and acknowledges that Giorgos is not the builder.
  • The User understands and acknowledges that all rooms shown on the Website are drawn to provide an idea of the design of the home, however may differ in order to conform to the size, shape and nature of the block of land itself or the design of the home.
  • The User understands and acknowledges that all Giorgos Building Plans produced from the Website are subject to council approval and any and all other relevant required approvals and the Giorgos Building Plans are produced with the intent of being designed. 
  • Giorgos does not take any responsibility and will not be held liable if the User requires any retaining, special approvals or special requirements.
  • The User understands and acknowledges that Giorgos makes no representations in regard to the suitability of the land to build on or otherwise.
  • The User understands and acknowledges that Giorgos merely designs the home. The User agrees that they must conduct inspections and/or obtain independent professional advice or otherwise in order to satisfy themselves of the block dimensions.
  • The User understands and acknowledges that in order for the Giorgos Building Plans to proceed through to the building process all Giorgos Building Plans are subject to any remaining relevant processes.
  • The User understands and acknowledges that all Giorgos Building Plans are subject to engineering requirements.
  • The User understands and acknowledges that Giorgos makes no representations in regard to the suitability of the land to build on or otherwise.
  • The User understands and acknowledges that the Giorgos Building Plans are covered by copyright pursuant to clause 12.
  • The provisions of this clause 9 survive the termination of the Service.
  • LIABILTY AND WARRANTIES
    • The User acknowledges it has not relied on any representation or warranty made by Giorgos which has not been stated expressly in the Contract.
    • Except as required by law or regulations or set out in this Contract, Giorgos expressly excludes all Liability for all warranties, conditions, non-fraudulent representations express or implied concerning the Service, including but not limited to those relating to the availability, performance quality or fitness for purpose of the Service.
    • To the extent permitted by law Giorgos will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or 
    • Under no circumstances will Giorgos be liable to the User for loss of profit, loss of contracts, loss of use of the Service or for any indirect economic or consequential loss whatsoever, whether arising from negligence, breach of contract, failure of the Service or otherwise. This shall include but is not limited to loss caused by the following:
      • The User breaching any provision of the Terms or intending to breach any provision;
      • Giorgos required to terminate the contract by law or;
      • The provision of the Services to you by Giorgos is, in the opinion of Giorgos, no longer commercially viable.
    • Use of the Website and the Services is at the User’s own risk. Everything on the Website and the Services is provided to the User "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Giorgos make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Giorgos) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  3. Costs incurred as a result of you using the Website, the Services or any of the products of Giorgos; and
  4. The Services or operation in respect to links which are provided for your convenience.
  • The provisions of this clause 10 survive the termination of the Service.
  • TERMINATION AND SUSPENSION

Termination by Giorgos

  • Giorgos may, without liability, terminate the Contract or provisioning of the Service at any time after the Commencement Date, if Giorgos reasonably determines that it is not technically or operatively feasible or commercially viable to supply the Service to the User.
  • Subject to local applicable laws, Giorgos reserves the right to terminate this contract at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the terms of the Contract or any applicable law or if your conduct impacts Giorgos’ name or reputation or violates the rights of those of another party.
  • Giorgos may, without liability, at its option either terminate or suspend the Contract by giving notice to the User if:
  • The User suffers an Insolvency Event; or
  • Giorgos is required to do so under any law or to comply with an order, instruction or request of a Government Agency, an emergency services organisation or any other competent authority.

Termination by User

  • The User may after the Commencement Date, terminate the Contract if:
  • it does pursuant clause 6.2;
  • if the Service has been suspended for more than 14 consecutive days through no fault of the User other than in case of a force majeure event;
  • Giorgos commits a serious breach of the Contract and has not remedied that breach within 30 days of becoming aware of that breach.

Termination By Either Party

  • Either party (“Affected Party”) may, without liability, terminate the Contract with immediate effect from the date of service of a notice (or with effect from a later date as the Affected Party may nominate in a notice) if any Force Majuere Event prevents the supply of the Service for more than 30 consecutive day.

Following Termination

  • On termination of the Contract for any reason:
  • each party must, on request by the other party, immediately return or destroy the other party’s Confidential Information, except to the extent that it is required by law to retain the other party’s Confidential Information;
  • Giorgos may immediately stop supplying to the User the Service;
  • unless the Contract expressly states otherwise, each persons’ accrued rights and obligations are not affected; and
  • the clauses of the Contract which are by their nature intended to survive cancellation of the Service will do so, which for the purposes of these General Conditions, include  clauses 8, 9, 10, 13, and 16.
  • INTELLECTUAL PROPERTY
    • Giorgos owns all material (including the Intellectual Property Rights) developed by it, or its personnel, or at its or their discretion.
    • Giorgos may permit the User to use this material, or other material licenced by Giorgos as part of the Service. This permission is subject to any conditions which Giorgos may impose from time to time and will cease when the Service is cancelled.
  • CONFIDENTIALITY
    • Giorogs and the User each agree to keep confidential the other’s Confidential Information and to not use the Confidential Information for any purpose other than that for which it was disclosed or which may cause the Provider loss.
    • The provider retains all property rights in the Confidential Information.
    • The Recipient may disclose Confidential Information (to the extent reasonably necessary) to its Representatives for the sole purpose of assisting the Recipient for purposes related to the supply of the Service (or for the purposes which would be reasonably expected) including billing and account management, business planning and product development.
    • The obligations of confidentiality in this clause 13 do not apply to the extent disclosure is required by law or the rules of a stock exchange, a direction by Government Agency, or disclosure to professional advisors in connection with the supply of the Service.
    • The Recipient acknowledges that a breach of this clause 13 may cause the Provider irreparable damage for which monetary damages would not be an adequate remedy. Accordingly, in addition to other remedies that may be available, the Provider may seek injunctive relief against such a breach or threatened or suspended breach.
    • The Recipient‘s obligation with respect to the Confidential Information survive termination and bind the Recipient until the relevant Confidential Information has become part of the public domain other than in breach of an obligation of confidentiality.
  • NOTICES
    • Notices for the purpose of the Contract shall be in writing. A notice given to a party at that party’s address set out on the face or at such other address as may be substituted by written notice from such party to the other shall:
  • in the case of prepaid post, be presumed to be given 5 days after the date of posting;
  • be presumed to be delivered at the time of delivery if delivered during normal business hours;
  • be presumed to be given upon receipt by the sender of a satisfactory transmission confirmation report indicating due transmission without error
  • in the case of facsimile transmission.
  • be presumed to be given upon the sender’s computer system indicating transmission in the case of an email transmission.
  • WAIVERS
    • No waiver or indigence by any party to the Contract shall be binding upon the parties unless in writing.
  • GOVERNING LAW
    • This Contract shall be governed by law Of South Australia and the parties agree to submit to the jurisdiction of the Courts of South Australia.
  • COUNTERPARTS
    • This Contract may be executed in any number of counterparts and by the parties on separate counterparts. Each counterpart constitutes the agreement of each part who has executed and delivered that counterpart.
  1. CREDIT WORTHINESS
  • The User acknowledges that the provision of the Service, Giorgos Equipment and any other obligation under the Contract by Giorgos shall be subject to Giorgos’ privacy policy, the requirements of the privacy act 1988 (Cth); Telecommunications Act 1997 (Cth); Telecommunications (interception and Access) Act 1979; Spam Act 2003 (Cth); and other applicable laws, codes and regulations.
  • For the purposes of processing the application for Service, establishing the User’s account and the ongoing credit management of the User’s account Giorgos may need to disclose to a credit reporting agency personal information relating to the User which is in Giorgos’ possession, including but not limited to, information referred to in clauses 18.3 and the User hereby consents to such disclosure or use. 
  • Pursuant to clause 18.1 the following represents a list of User information relating to the User which may be disclosed to a credit reporting agency:
  • User name and address, ACN, ABN, business names, partnership details;
  • details of the User’s application for Giorgos’ Services and/or services supplied to the User;
  • credit limits on the User’s accounts;
  • the amount of an payment which are overdue for  at least 45 days;
  • where an overdue payment has been previously reported, advice that the payment is no longer overdue;
  • court judgement or bankruptcy orders made against the User;
  • that, in the opinion of Giorgos, the User has committed a serious credit infringement;
  • that Giorgos has ceased to provide Service to the User in accordance with the terms of this Contract as a result of User default relating to payment/credit; and
  • any additional and relevant information which Giorgos may wish to use or believes should be disclosed may be disclosed or used.

18.4       The User agrees that Giorgos may obtain from any person or body carrying on the business or undertaking involving the provision of information about the commercial creditworthiness of persons, any information concerning the User that concerns the User’s commercial activities or commercial creditworthiness for the purpose of assessing the User’s application for Service and the ongoing credit management (including collection of overdue amounts) of the User’s account. Giorgos may, at its sole discretion, refuse to supply its services to the User on the basis of Giorgos’ credit assessment of the User, after consultation with the User to confirm the accuracy of the assessment.

18.5       The User agrees that Giorgos may disclose a credit report to any credit provider, debt collection agency or any Other Supplier for the purposes of:

  • assessment of the User’s creditworthiness;
  • The collection of payments that are overdue. 
  • In addition if it should be required, the User agrees, within 10 Business Days of Giorgos’ request to provide to Giorgos any information (including the User’s Financial Accounts) which is reasonable necessary to assess the creditworthiness of the User.

 

  1. DEFINITIONS

Business Day - means a business day in the city where the Service is provided.

Commencement Date - means, unless otherwise agreed, the day that the that the Online Form is submitted by the User to purchase monthly access to the Giorgos Building Plans.  

Confidential Information - of a party means all information of a confidential nature relating to that party including anything which is indicated to be subject to an obligation of confidence which is disclosed by that party to the other party in relation to this Contract to supply service or comes to the knowledge or into the possession of the other party in connection with this Contract but does not include information:

  • the party creates (whether jointly or alone) independently of the other party’s Confidential Information;
  • that is public knowledge (other than as a result of a breach of confidentiality by the party or any person to whom the party has disclosed the information); or
  • obtained without restriction as to the further disclosure from a source other than the other party through no breach of confidentiality by that source.

Contracted Services means the services that the User has engaged Giorgos to provide, being the supply and purchase monthly access to Giorgos Building Plans through Plan Portal.

Day or day - means any day not limited to a Business Day.

Due Date - 21 days from the date the Invoice, unless specified otherwise by Giorgos.

Excluded Event – means:

  • a breach of the Contract by the User;
  • a Force Majeure Event;
  • a negligent or fraudulent act or omission of the User’s personnel; or
  • a failure of any of the User’s Equipment.

Fault – means any circumstance physically related to the Service which renders the Service unusable or significantly impaired.

Force Majeure Event – means:

  • any act of god or act of nature, fire, flood, storm, explosion, sabotage, riot, pandemic, act of war whether declared or not, requirement or restriction of governmental authorities, inability or delay in the grant of governmental or other approvals, consent, permits, licences or authorities or any other like event; or
  • any strike, lockout, work stoppage or other industrial dispute of any kind; or
  • any act or omission of a third party which affects the provisions of the Services, including a failure to provide goods and services; or
  • any other similar circumstances beyond the reasonable control of the affected party.

General Terms and Conditions – means the general term and conditions contained in this document.

Giorgos Building Plans means the site plan and floor plan created and owned by Giorgos.

Government Agency – means any government or governmental, semi-governmental, administrative, municipal, fiscal, or judicial body, department, commission, authority, tribunal, agency, or other statutory entity including but not limited to the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry  Forum Limited, the Telecommunications Industry Ombudsman and any other government or statutory body or authority.

Insolvency Event – means:

  • bankruptcy proceedings are commenced against the User, or the User is declared bankrupt;
  • any step that is taken to enter into any scheme or arrangement between the User and its creditors;
  • any step is taken by a mortgage to enter into possession or dispose of the whole or any party of the User’s assets or business;
  • any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administer or other like person to the User or to the whole or any part of the User’s assets or business;
  • the User suspends payment of its debts generally; or
  • the User is or becomes unable to pay its debts when they are due or it is or is presumed to be insolvent for the purposes of any provision of the Corporation Act 2001 (Cth).

Intellectual Property Rights - means any intellectual or industrial property rights (including any registered or unregistered trademarks, patents, designs, or copyright) and includes the right to have Confidential Information kept confidential.

Interruption – In the supply of goods or a service (including the Service) means a delay in supply, a failure to supply or an error, defect in the supply of, those goods or that service and Interrupts has a corresponding meaning.

Invoice Period - means the period of one (1) month (unless otherwise agreed between Giorgos and the User) as stated on the invoice provided by Giorgos to the User.

Liability - means any direct or consequential liabilities, claims, losses, cost, charges, damages, injury or expenses of any nature.

Online Form means the Plan Portal Online Form as set out in the Website for the purpose of purchasing monthly access to Giorgos Building Plans.

Provider - means a party that discloses its Confidential Information to another party.

Recipient - means a party that receives or obtains Confidential Information of another party.

Related Body Corporate has the meaning given to that expression in the Corporation Act 2001 (Cth).

Representative – means a director, officer employee or agent.

Plan Portal means the Plan Portal business owned and operated by GSTUDIO PTY LTD ACN 605 329 306 care of Level 3, 97 Pirie Street, Adelaide 5000 trading as GIORGOS (“Giorgos”), a business whereby the User uses the Online Form on the Website in relation to purchasing monthly access to Giorgos Building Plans

Service – means the means the services that the User has engaged Giorgos to provide, being the supply and purchase of monthly access to Giorgos Building Plans through Plan Portal.

Term - has the meaning given in clause 2.

User – means the User described in the Online Form and any of its employees, sub-Contracted Designers, agents and representatives.

Website means https://house-floorplans.com.