Terms & Conditions
1. About these Terms
1.1 These Terms and Conditions govern the supply of VLDA’s online landscape design services.
1.2 By placing an order, paying for a service, ticking the acceptance box at checkout, or otherwise instructing VLDA to begin work, the Client agrees to these Terms, the applicable Order Summary and the approved project brief.
1.3 The contract is formed when VLDA accepts the Client’s order and payment has been received, subject to any required information or approval identified in the Order Summary.
1.4 If there is an inconsistency between these Terms and the Order Summary, the Order Summary applies to the specific commercial details of that order, including price, scope, delivery option and included revisions. These Terms continue to apply to all other matters.
1.5 These Terms apply only to orders placed on or after their Effective Date. VLDA will not apply a later version retrospectively to an existing order.
2. Important consumer-law statement
Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or obligation that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your service contract and obtain a refund for the unused portion of the contract.
3. Definitions
Client means the individual or organisation purchasing the services.
Order Summary means the checkout summary, invoice or order confirmation identifying the package, price, add-ons, estimated timeframe and included deliverables.
Project Brief means the questionnaire, site information, photographs, videos, plans, measurements, inspiration material and written instructions approved by the Client before design work begins.
Approved Brief means the Project Brief confirmed by the Client and accepted by VLDA as the basis for the design.
First Concept means the first complete design submission provided for Client review, whether described as Rev A, first draft, initial concept or similar.
Revision means a change to elements of the existing design that remains within the Approved Brief and the purchased scope. A Revision is not a new concept or a material change in direction.
Redesign means a material change to the Approved Brief, design direction, site assumptions, layout, scope or deliverables after the design process has commenced.
Survey means a site survey or dimensioned plan prepared by a suitably qualified surveyor or other competent professional.
Business Day means a day other than a Saturday, Sunday or public holiday in the State or Territory of VLDA’s principal place of business.
4. Services and scope
4.1 VLDA supplies the design services and deliverables listed in the Order Summary.
4.2 Depending on the package purchased, services may include the items listed below.
• Conceptual landscape layouts.
• 2D plans.
• 3D visualisations or renders.
• Planting concepts and plant recommendations.
• Material and finish recommendations.
• General design guidance.
• Consultation or designer calls.
• Construction markup plans, if expressly purchased as an add-on.
4.3 Unless expressly included in the Order Summary, the services do not include:
• Site visits or site measurements.
• Surveying or preparation of a certified survey.
• Engineering, structural design or certification.
• Town-planning, building, pool, electrical, hydraulic, drainage or other regulatory approvals.
• Construction documentation or shop drawings.
• Contractor selection, supervision or project management.
• Supply, procurement or installation of plants, materials or products.
• Guaranteed construction pricing, availability or performance.
4.4 The Order Summary controls the exact number of plans, renders, consultation hours, revisions and add-ons included in the purchased package.
5. Client information and Approved Brief
5.1 VLDA relies on the information supplied by the Client. The Client is responsible for ensuring that the Project Brief is complete, accurate and sufficiently detailed before design work begins.
5.2 Before work commences, VLDA may ask the Client to confirm the critical design requirements, including the items listed below.
• Preferred design style.
• Colour palette.
• Plants or materials to retain.
• Plants or materials to exclude.
• Must-have features.
• Site dimensions and levels supplied by the Client.
• Areas included and excluded from the project.
• Access, privacy, drainage, sun, screening or maintenance requirements.
5.3 The Client must review and approve the Project Brief before design work begins. Once approved, the brief becomes the baseline against which the design will be reviewed.
5.4 A request that changes or materially expands the Approved Brief may be treated as a Redesign or scope change and may require a revised fee and timeframe. VLDA will obtain the Client’s approval before carrying out chargeable additional work.
5.5 VLDA will not add a substantially different design direction unless it is included in the Approved Brief or separately requested and accepted by the Client.
6. Surveys, dimensions and conceptual accuracy
6.1 Unless a Survey is included in the Order Summary, VLDA will prepare a conceptual design using the information supplied by the Client.
6.2 Client-supplied measurements, plans and photographs must be checked by the Client. VLDA may rely on them unless VLDA has agreed in writing to verify them through a site visit or professional survey.
6.3 Conceptual plans are not certified set-out plans, shop drawings or construction documents. Contractors must verify dimensions, levels, services, boundaries, access, quantities and construction requirements before construction.
6.4 Where a construction markup plan or other quantified deliverable is purchased, its accuracy depends on the quality and completeness of the Survey and other information supplied. VLDA may require a Survey before starting that add-on.
6.5 The conceptual nature of a design does not excuse VLDA from supplying the purchased service with due care and skill or from applying the Approved Brief.
7. Project commencement and timeframes
7.1 Design work commences when: payment has cleared; the Client has supplied all required information; the questionnaire and Project Brief are complete; and VLDA has confirmed that the project is ready to enter the design queue.
7.2 The minimum timeframe for delivery of the First Concept or Rev A is 21 Business Days after the Client has completed the website login design portal and VLDA has confirmed that all required information, files, measurements and approvals have been received.
7.3 The 21 Business Day period does not begin until the project is complete and ready for design work under clause 7.1. If the Client provides incomplete, inconsistent or revised information, VLDA may reset or extend the timeframe after notifying the Client.
7.4 Any timeframe shown on the website, in an Order Summary or in an email must be read consistently with the 21 Business Day minimum for Rev A unless VLDA expressly confirms a different written timeframe as part of a paid service or special arrangement.
7.5 A Fast Delivery add-on applies only if it appears in the Order Summary and has been paid for. It does not guarantee a fixed date unless a fixed date is expressly confirmed in writing.
7.6 The timeframe may be paused or extended where the Client: supplies incomplete or inconsistent information; changes the Approved Brief; does not provide feedback within the requested period; or asks VLDA to pause or defer the project.
7.7 VLDA must not make a project-specific timing promise during the sales process unless that promise is recorded in the Order Summary or written order confirmation. The approved standard wording is that Rev A requires a minimum of 21 Business Days after completion of the website login design portal and receipt of all required information.
8. Client feedback and project communication
8.1 The Client must review each design submission and provide consolidated feedback within 7 Business Days, unless the Order Summary specifies a different period.
8.2 Feedback should identify the relevant page, plan, render or design element and explain the requested change by reference to the Approved Brief.
8.3 VLDA may ask the Client to consolidate multiple messages into one feedback submission so the design team can respond accurately and efficiently.
8.4 If no feedback is received after 7 Business Days, VLDA may send a follow-up reminder. If no response is received after a further 7 Business Days, VLDA may place the project on administrative hold or close the project administratively.
8.5 Administrative closure does not remove any right or remedy that cannot lawfully be excluded. Reopening a closed project may require a new timeframe and may incur a fee where additional work is requested outside the purchased scope.
9. Revisions and Redesigns
9.1 The number of included Revisions is stated in the Order Summary.
9.2 An included Revision must remain within the Approved Brief and must relate to the existing design.
9.3 Examples of ordinary Revisions include adjusting plant selections, changing a colour, modifying a feature, refining a layout or correcting an item that does not match the Approved Brief.
9.4 Examples of Redesigns include changing the overall style, starting again with a substantially different layout, adding new areas, changing the site assumptions, or introducing requirements not included in the Approved Brief.
9.5 VLDA will not charge for correcting an error or omission by VLDA that means the First Concept does not reasonably reflect the Approved Brief. This clause does not limit any statutory remedy.
9.6 Additional Revisions or Redesigns requested by the Client may be quoted separately. VLDA will not begin chargeable additional work without the Client’s approval.
10. Add-on services
10.1 Add-on services are supplied only if selected and paid for in the Order Summary.
10.2 Add-ons may have different information, survey, timeframe and revision requirements. Those requirements will be disclosed before purchase or in the relevant Order Summary.
10.3 If an add-on cannot reasonably be supplied because the Client has not provided required information, VLDA may pause the add-on and offer the Client the choice of supplying the information, changing scope or cancelling the unused add-on, subject to applicable law.
11. Fees and payment
11.1 Fees are stated in Australian dollars and include GST where applicable unless the Order Summary states otherwise.
11.2 Payment is due at checkout unless otherwise agreed in writing.
11.3 VLDA may not commence work until payment has cleared and the project is ready to commence under clause 7.
11.4 If a payment is reversed, dishonoured or charged back without a valid legal basis, VLDA may suspend work while the matter is investigated. This does not affect any non-excludable consumer rights.
12. Cancellation, refunds and service remedies
12.1 Change of mind before commencement: If the Client cancels before design work has commenced, VLDA will provide a full refund of amounts paid, subject to any amount that may lawfully be retained and that was clearly disclosed before purchase.
12.2 Change of mind after commencement: Once design work has commenced, the Client is not automatically entitled to a refund merely because the Client changes their mind, no longer needs the design, dislikes the selected style, or has decided not to proceed with construction. VLDA may, at its discretion, provide a refund or credit for unused work.
12.3 Problems with the service: If the Client considers that the service does not meet the Approved Brief or applicable consumer guarantees, the Client should notify VLDA promptly and provide reasonable details of the concern. VLDA will assess the issue and, where appropriate, offer a correction, additional service, cancellation, refund of the unused portion or compensation in accordance with applicable law.
12.4 Major failure: If the service has a major failure under applicable law, the Client may have the right to cancel the service contract and obtain a refund for the unused portion or compensation for the reduced value of the service, together with any other remedy required by law.
12.5 Minor failure: If the issue is capable of being remedied within a reasonable time and is not a major failure, VLDA may first seek to rectify the issue at no additional charge.
12.6 A First Concept or Rev A submission does not automatically remove the Client’s statutory rights. It does, however, mark the first design deliverable stage for the purposes of the purchased workflow and any change-of-mind cancellation policy.
12.7 Any refund will be processed using the original payment method where reasonably practicable. Processing times may depend on the payment provider.
12.8 VLDA will not describe these Terms as a blanket “no refund” policy. Any cancellation or refund position is subject to applicable consumer rights.
13. Complaints process
13.1 Complaints should be sent to [insert complaints email] with the order number and a concise description of the issue.
13.2 VLDA will acknowledge the complaint and, where reasonably practicable, provide an initial response within 5 Business Days.
13.3 VLDA may request the Approved Brief, supplied measurements, Survey, photographs or other information needed to assess the complaint.
13.4 VLDA will assess complaints against: the Order Summary; the Approved Brief; the information supplied by the Client; the design deliverables supplied; and the applicable consumer guarantees.
13.5 Nothing in this process prevents the Client from exercising a right or remedy that cannot lawfully be excluded.
14. Intellectual property and use of designs
14.1 VLDA retains ownership of its design materials, templates, systems, methods and intellectual property unless otherwise agreed in writing.
14.2 Once the Client has paid all amounts due, VLDA grants the Client a non-exclusive licence to use the final design materials for the Client’s private property and the related landscaping project.
14.3 The Client must not resell, sublicense, reproduce for other properties, commercially exploit or materially adapt the design for another project without VLDA’s written consent.
14.4 If the contract is cancelled and a full refund is provided, the Client must stop using the design materials unless the parties agree otherwise in writing.
14.5 This clause does not affect any rights the Client may have under a written settlement or applicable law.
15. Construction, contractors and implementation
15.1 VLDA does not supply construction services unless expressly stated in the Order Summary.
15.2 The Client and the Client’s contractors are responsible for verifying all dimensions, levels, quantities, conditions, underground services, approvals, permits, codes, standards, access, drainage, structural requirements and construction methods before construction.
15.3 VLDA does not warrant the performance, price, availability, workmanship or conduct of a contractor, supplier or other third party.
15.4 The Client should obtain independent professional advice where the project involves structural, engineering, electrical, hydraulic, drainage, retaining-wall, pool, building, planning or regulatory issues.
16. Privacy and marketing
16.1 VLDA handles personal information in accordance with the separate VLDA Privacy Policy.
16.2 VLDA may use completed designs for portfolio or marketing purposes only where permitted by law and where the Client has not requested confidentiality before publication.
16.3 VLDA will not publish the Client’s personal contact details or identifiable personal information without consent, unless required by law.
17. Liability
17.1 Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded, restricted or modified.
17.2 To the maximum extent permitted by law, VLDA is not responsible for loss caused by inaccurate or incomplete information supplied by the Client, undisclosed site conditions, contractor decisions, construction work, third-party products, regulatory requirements or events outside VLDA’s reasonable control.
17.3 To the maximum extent permitted by law, VLDA is not liable for indirect or consequential loss that was not reasonably foreseeable at the time of contract formation. This clause does not exclude compensation required under the Australian Consumer Law.
17.4 The Client must take reasonable steps to mitigate loss, including checking plans and obtaining contractor or professional verification before construction.
18. Events outside reasonable control
18.1 VLDA is not responsible for delay caused by events outside its reasonable control, including serious illness, natural disaster, fire, flood, cyber incident, telecommunications failure, platform outage, industrial action or government restriction.
18.2 VLDA will notify the Client where reasonably practicable and will take reasonable steps to resume performance.
19. Dispute resolution
19.1 The parties will first try to resolve a dispute through direct communication in good faith.
19.2 If the dispute is not resolved, either party may seek assistance from a relevant consumer protection body, tribunal, court or other legally available forum.
19.3 Nothing in these Terms requires a Client to give up a statutory right, prevents a Client from pursuing a legally available remedy, or prevents VLDA from taking steps to recover an undisputed debt.
20. Governing law
20.1 These Terms are governed by the laws of [insert State or Territory], Australia.
20.2 The parties submit to the courts and tribunals that have jurisdiction in that place, subject to any mandatory jurisdiction or remedy available under Australian law.
21. Changes to these Terms
21.1 VLDA may update these Terms for future orders by publishing a new version with a new version number and Effective Date.
21.2 A change will not alter the Terms applying to an order already accepted unless the Client expressly agrees to the change in writing and the change is legally effective.
22. General
22.1 These Terms, the Order Summary and the Approved Brief form the agreement between VLDA and the Client for the services.
22.2 If a provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary and the remainder will continue.
22.3 A waiver is effective only if given in writing and only for the specific instance for which it is given.
22.4 The Client may not assign the agreement without VLDA’s written consent, except where permitted by law.
22.5 These Terms do not create a partnership, employment relationship or agency relationship between VLDA and the Client.