We may update these Terms from time to time. If we make changes to these Terms due to updates in the VL Design Australia Services, changes in technology, or for legal reasons, we will notify you by posting the updated Terms on our Platform.
The updated Terms will take effect immediately upon posting, unless otherwise specified. Your continued use of the VL Design Australia Services after the revised Terms have been posted constitutes your acceptance of the changes. If you do not agree to any modifications, you should discontinue using the VL Design Australia Services.
We reserve the right to modify, suspend, or discontinue the VL Design Australia Services or any part thereof, temporarily or permanently, without notice.
You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the VL Design Australia Services.
PLEASE NOTE THE FOLLOWING HIGHLIGHTS OF THESE TERMS
VL Design Australia Pty Ltd (“VL Design Australia,” “we,” “our,” or “us”) offers the following landscape design services:
Virtual Design Packages:
You acknowledge and agree that a legally binding contract with another User (“Contractor Service Contract”) is formed when you, as a Client, and the Contractor agree on the terms of a landscape design service. The terms of the Contractor Service Contract include the terms set forth in this Section, the engagement terms proposed and accepted on the VL Design Australia Platform, and any other contractual terms accepted by both the Contractor and the Client to the extent such terms do not conflict with these Terms and do not expand VL Design Australia’s obligations or restrict VL Design Australia’s rights under these Terms. VL Design Australia is not a party to any Contractor Service Contract, and the formation of a Contractor Service Contract will not create an employment or other service relationship between VL Design Australia and the Contractor, nor will it create an employment relationship between the Client and the Contractor. Users do not have the authority to enter into written or oral contracts on behalf of VL Design Australia.
Upon receipt of the signed Contractor Service Contract from a Client, the Contractor must notify VL Design Australia within twenty-four (24) hours with the details of the Contractor Service, including: (1) the amount to be received by the Contractor for the Contractor Services, (2) anticipated start date for the provision of the Contractor Services, and (3) provide a fully executed copy of the Contractor Service Contract.
Upon completion of work on a Contractor Service, the Contractor will notify VL Design Australia of the completion date. Additionally, the Contractor shall send VL Design Australia the final invoice for the Contractor Services, notification of any change orders to the original Contractor Service Contract, and confirmation of the net payment received for said Contractor Services.
Each User agrees to comply with the Contractor Service Contract and these Terms during the engagement, performance, and completion of a Contractor Service.
As part of their engagement with VL Design Australia:
In addition to any fees referenced in these Terms, details of any other fees associated with your VL Design Australia account can be found in our current fee schedule posted here. We reserve the right to modify the fees associated with our services. If changes are made, we will notify you of these changes through our Fee Schedule or via email at least thirty (30) days before they take effect. Your continued use of VL Design Australia services after the revised fees become effective constitutes your agreement to pay the updated amount.
5.1 Design Package Payments
For Clients
VL Design Australia also reserves the right to cancel a Design Package Payment in the event of unforeseen circumstances during its completion, with a commitment to refund any payment already made for the Design Package.
6.1
These Terms and any Additional Terms constitute the entire agreement between you and VL Design Australia and govern your use of VL Design Australia’s services, superseding any prior agreements between you and VL Design Australia regarding these services. You may also be subject to additional terms and conditions that apply when you use affiliate or third-party services, third-party content, or third-party software.
6.2
These Terms will be governed by the laws of [State/Territory], Australia, without regard to its conflict of law provisions. For any disputes or claims not subject to arbitration, as outlined below, you and VL Design Australia agree to submit to the exclusive jurisdiction of the courts located in [City], [State/Territory], Australia.
6.3
These Terms are specific to the relationship between you and VL Design Australia. You may not assign these Terms without VL Design Australia’s prior written consent. VL Design Australia may assign or transfer these Terms, in whole or in part, without restriction. The failure of VL Design Australia to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Any waiver of any part of these Terms must be in writing to be effective.
6.4
Section headings are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such sections.
6.5
Any written notice you give to VL Design Australia is effective upon receipt and must be given according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given by emailing VL Design Australia at hello@vldesignaustralia.com.au. VL Design Australia must receive the notice in time to have a reasonable opportunity to act on it. Written notice VL Design Australia gives to you is effective when it is sent to your mailing address associated with your VL Design Australia account or emailed to the email address VL Design Australia has on file for you.