Terms of Agreement - Facade Finishes Plan

Please read these Terms of Agreement carefully.

To accept this Agreement, please read to the bottom of the page, then complete your name and email address, tick the box confirming your acceptance and click ‘Submit’.

This Agreement is between Hotspace Consultants Pty Ltd ATF The Hotspace Trust ABN 13 804 352 051, trading as The Façade Design Co (“the Provider”), and the person accepting this Agreement (“the Client”).

1. ACCEPTANCE

This is a digital agreement setting out the terms and conditions that apply to the Provider’s Façade Finishes Plan service.

By completing the online acceptance process, including entering their details, ticking the acceptance box and submitting the form, the Client confirms that they have read, understood and agree to be bound by these Terms of Agreement.

The Client acknowledges that the Façade Finishes Plan is a defined, limited-scope design service and is different from the Provider’s Full Façade Design Plan service.

If the Client does not agree to these terms, they should not submit the Agreement or proceed with the service.

2. THE SERVICE

The Façade Finishes Plan is a colour, material and finishes design service for the exterior of the Client’s home.

It is intended for homes where the overall footprint, form and roofline are already resolved and where detailed structural or architectural redesign is not required.

The service includes:

  • review of the project information supplied by the Client before the session;
  • design preparation by the Provider before the consultation;
  • one private Zoom consultation of approximately 60–90 minutes;
  • development and confirmation of an exterior colour and material palette during the consultation; and
  • a written Façade Finishes Plan supplied within approximately 48 business hours following the consultation.

The completed Façade Finishes Plan will generally include the agreed colours and materials, together with relevant reference images or screenshots and, where applicable and where time allows, product suggestions such as lighting or hardware.

The exact content of each Plan will vary depending on the Client’s home, requirements and what can reasonably be addressed within the scope and timeframe of the service.

3. OPTIONAL ITEMS & INDICATIVE VISUALS

Where time allows, the consultation may also include discussion or suggestions relating to landscaping, external lighting, yard elements or other exterior details.

The Provider may also prepare rough sketches for very minor alterations where useful. These are conceptual only, are not dimensioned or necessarily to scale, and must not be relied upon for construction.

An AI-generated image may also be produced to help the Client visualise the general design direction discussed during the consultation.

The Client acknowledges that any AI-generated image is an indicative visual aid only. AI-generated images may contain inaccuracies, omissions, distortions or elements that differ from the actual property, selected products or agreed finishes.

An AI-generated image is not a professional architectural render and must not be relied upon for dimensions, construction, product specification or as an exact representation of the completed home.

4. WHAT IS NOT INCLUDED

Unless separately agreed in writing, the Façade Finishes Plan does not include:

  • dimensioned drawings or construction documentation;
  • detailed structural or architectural redesign;
  • new floor plans or layout changes;
  • multiple façade concepts or alternative design directions;
  • CAD or accurately scaled drawings;
  • engineering or structural advice;
  • building, planning, certification or approval advice;
  • assessment of council or planning requirements;
  • detailed product sourcing beyond what can reasonably be completed as part of the service;
  • quotations or itemised project costs;
  • contractor procurement, management, supervision or coordination;
  • site visits;
  • photorealistic professional rendering;
  • revisions to the Façade Finishes Plan following the consultation; or
  • additional design work or follow-up consultations.

Any services requested outside this scope may be quoted separately by the Provider.

5. CLIENT PREPARATION & INFORMATION

To allow the Provider to prepare for the consultation and make effective use of the time available, the Client agrees to provide all requested project information by the timeframe advised by the Provider.

This may include:

  • clear photographs of the property;
  • plans, elevations or drawings where available;
  • details of existing or proposed fixed elements;
  • colours, materials, finishes or products already selected or committed to;
  • inspiration images or examples of homes the Client likes; and
  • details of the areas or decisions the Client would particularly like addressed.

The Client is responsible for ensuring that the information they provide is complete and accurate.

The Provider is entitled to rely upon information, photographs, plans, dimensions and other materials supplied by the Client when preparing and delivering the service.

If information is supplied late, is incomplete or is inaccurate, the Provider may not be able to address all requested items during the consultation. This does not entitle the Client to additional consultation time, additional design work or a refund.

6. THE CONSULTATION

The consultation will run for approximately 60–90 minutes.

The Provider will work through as much as reasonably possible during this time, with priority given to the Client’s most important exterior colour, material and finish decisions.

The Client acknowledges that the number of items that can be considered will depend upon the complexity of the property and the decisions required.

The Client should therefore prioritise any particular questions or decisions they wish to address.

If the Client joins the consultation late, the consultation will ordinarily still finish at the originally scheduled time.

7. DESIGN & COLOUR SELECTIONS

The Provider will make recommendations using professional judgement and based on the Client’s brief and the information available at the time of the service.

The Client acknowledges that design and colour selection are inherently subjective and that the Client remains responsible for approving final selections before products are ordered or work commences.

Colours and materials can appear differently depending on lighting, surroundings, screen settings, photography, printing, application methods, natural variation and other environmental conditions.

Where reasonably possible, the Client should view physical samples of paints, materials and finishes at the property and under relevant lighting conditions before ordering or installation.

8. PRODUCTS, MATERIALS & THIRD PARTIES

Any product, material, supplier, contractor or tradesperson recommendations made by the Provider are made in good faith based on the information available at the time.

The Provider does not guarantee product availability, pricing, lead times, manufacturing consistency, suitability for a particular installation, supplier performance or the workmanship or performance of any builder, contractor, tradesperson or other third party.

Before purchasing or installing any product or material, the Client and/or their builder, supplier or relevant tradesperson must verify all dimensions, quantities, technical specifications, installation requirements and suitability for the intended application.

9. FEES & PAYMENT

The fee for the Façade Finishes Plan is the amount quoted or otherwise agreed in writing with the Client.

A 30% deposit is required to secure the booking and commence the service.

The remaining 70% balance is due on the day of the consultation and must be paid in full before the completed Façade Finishes Plan is released to the Client.

The Provider is not required to release the completed Façade Finishes Plan, specifications or other final materials until all amounts owing have been paid in full.

Where the Provider has offered to credit the Façade Finishes Plan fee towards a subsequent Full Façade Design Plan, that credit will be subject to the pricing, scope and terms applicable to the Full Façade Design Plan at the time the Client proceeds.

10. CANCELLATIONS & RESCHEDULING

Consultation appointments are reserved specifically for the Client and the Provider may commence project-specific preparation in advance of the scheduled session.

Requests to cancel or reschedule must be made in writing to jane@hotspaceconsultants.com.

The 30% deposit is non-refundable in the event of cancellation or change of mind, as the Provider reserves consultation time and may commence project-specific preparation upon booking.

The Client may reschedule their consultation once without charge where at least 48 hours’ notice is provided, subject to appointment availability.

Where less than 48 hours’ notice is provided, or the Client does not attend the scheduled consultation, the Provider reserves the right to treat the consultation as having been used. An additional fee may apply to book a replacement consultation.

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, refund entitlement or other right or remedy available to the Client under Australian Consumer Law.

11. CHANGES AFTER THE CONSULTATION

The completed Façade Finishes Plan records the design direction and selections agreed during the consultation.

Revisions or changes requested after the consultation are not included in the service.

If the Client subsequently changes their mind, changes an existing or proposed element of the property, or wishes to explore alternative colours, materials, products or design directions, additional consultation or design fees will apply.

The Provider will advise the Client of the additional fee before commencing further work.

12. TECHNICAL, CONSTRUCTION & REGULATORY MATTERS

The Façade Finishes Plan communicates design intent only.

It does not replace architectural, drafting, engineering, building, surveying, planning, certification or other professional documentation or advice.

The Client is responsible for obtaining any approvals, permits, technical documentation and professional advice required for the proposed works.

All dimensions, quantities, construction requirements, installation methods and product suitability must be checked and confirmed on site by the Client’s builder, contractor, supplier or other appropriately qualified professional before products are ordered or work commences.

13. INTELLECTUAL PROPERTY

The Provider retains ownership of all intellectual property created by the Provider in connection with the service.

Once the service has been paid for in full, the Client is granted a non-exclusive licence to use the Façade Finishes Plan and associated materials for the property for which they were prepared.

The Client may provide the Plan to builders, contractors, tradespeople and suppliers where reasonably required to implement the design at that property.

The Plan, concepts and associated materials may not be resold, commercially exploited or used for another property without the Provider’s prior written permission.

14. PROJECT IMAGES & MEDIA

Unless the Client advises the Provider otherwise in writing, the Client authorises the Provider to use project photographs, plans, sketches, design imagery, before-and-after images and photographs of the completed project for the Provider’s portfolio, website, social media, editorial, educational and promotional purposes.

The Provider will not intentionally publish the Client’s full name or street address in connection with this material without permission.

Where photographs or other material are supplied by the Client, the Client confirms that they have the right to provide that material to the Provider for the purposes of delivering the service.

15. CONFIDENTIALITY & PRIVACY

The Provider will handle personal information in accordance with applicable privacy laws and the Provider’s Privacy Policy.

Information supplied by the Client will be used as reasonably necessary to provide the service, communicate with the Client and administer the project.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Provider is not responsible for loss or damage arising from:

  • inaccurate, incomplete or misleading information supplied by the Client;
  • variations between digital representations, photographs, samples and completed finishes;
  • product discontinuation, availability, manufacturing or natural material variation;
  • workmanship, advice, actions or omissions of builders, contractors, suppliers or other third parties;
  • failure to obtain necessary approvals, permits or professional advice;
  • changes made to the property or design after the consultation; or
  • the Client or a third party departing from the recommendations contained in the Façade Finishes Plan.

To the extent permitted by law, the Provider’s total liability arising out of or in connection with the service is limited to the amount paid by the Client for the Façade Finishes Plan.

Nothing in this Agreement is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded under Australian Consumer Law.

17. DISPUTE RESOLUTION

If a dispute arises in connection with this Agreement, either party may provide written notice to the other outlining the nature of the dispute.

The parties agree to make reasonable efforts to resolve the matter directly and in good faith before commencing formal proceedings, except where urgent relief or recovery of an undisputed payment is required.

Nothing in this clause limits either party’s rights under applicable law.

18. GENERAL

This Agreement, together with any written scope or proposal provided by the Provider in relation to the Façade Finishes Plan, constitutes the agreement between the Provider and Client in relation to the service.

Any variation to the agreed scope or these terms must be agreed in writing.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply.

This Agreement is governed by the laws of Queensland, Australia.

DIGITAL ACCEPTANCE

By entering their name and email address below, ticking the acceptance box and clicking ‘Submit’, the Client confirms that:

  • they have read these Terms of Agreement in full;
  • they understand the scope and limitations of the Façade Finishes Plan;
  • they have had the opportunity to ask any questions before accepting the Agreement; and
  • they agree to be bound by these Terms of Agreement.

The Client’s electronic submission constitutes their acceptance of this Agreement. No handwritten signature is required.