VL Design Terms of Service

VL Design Australia Pty Ltd (“VL Design Australia”) provides direct landscape design services (referred to as “Design Services” herein) as well as a digital platform that enables Clients (defined below) to engage with Professionals (defined below) for various professional services related to landscape architecture and design. “Clients” are individuals or entities seeking Design Services from Professionals, and “Professionals” are self-employed individuals or businesses offering Design Services to Clients (collectively referred to as “Users”). Your use of the VL Design Australia website, https://vldesignaustralia.com.au (the “Website”), and the services provided by VL Design Australia (collectively, the “Services”) is governed by these terms and conditions of service (“Terms”). Please read these Terms carefully, including the VL Design Australia Privacy Policy available at https://vldesignaustralia.com.au/privacy-policy, before using the Services.

These Terms may be updated or amended by VL Design Australia from time to time without prior notice by posting a revised version on the Website. Any changes will be effective as of the date indicated in the updated Terms. It is your responsibility to regularly review these Terms for any updates or amendments. Your continued use of the Services constitutes acceptance of any revised or updated Terms. If you do not agree to any changes, you must discontinue use of the Services.

1. ACCEPTANCE

These Terms constitute a legally binding agreement between VL Design Australia Pty Ltd (“VL Design Australia,” “we,” “our,” or “us”) and you. You may enter into these Terms on your own behalf or on behalf of your company. The Terms govern your use of the services, products, features, functions, technologies, or content offered on the VL Design Australia platform, including the website, mobile application, and all related sites and applications (collectively, the “Services”).

BY CLICKING “I ACCEPT,” INSTALLING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE VL DESIGN AUSTRALIA SERVICES, YOU ARE REPRESENTING TO US THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, YOU ARE OVER THE AGE OF 18 (OR OLDER IF YOU RESIDE IN A JURISDICTION WHERE THE MAJORITY AGE IS OLDER), AND ARE EITHER CONSENTING TO BE LEGALLY BOUND BY THESE TERMS ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY AS AN AUTHORISED REPRESENTATIVE OF THAT COMPANY. IF YOU ARE CONSENTING ON BEHALF OF A COMPANY, THEN YOU FURTHER REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THESE TERMS AND THAT THE COMPANY AGREES TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT MAKE THESE REPRESENTATIONS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE VL DESIGN AUSTRALIA SERVICES. YOUR USE OF THE VL DESIGN AUSTRALIA SERVICES, AND VL DESIGN AUSTRALIA’S PROVISION OF THE VL DESIGN AUSTRALIA SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY VL DESIGN AUSTRALIA AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 24, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND VL DESIGN AUSTRALIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

2. CHANGES TO THESE TERMS; MODIFICATIONS TO THE VL DESIGN AUSTRALIA SERVICES

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

• You must meet the legally required age in your jurisdiction and have the capacity to enter into binding contracts to use the VL Design Australia Services.
• You acknowledge that the technology provided for the VL Design Australia Platform is provided “as is” and without warranties.
• VL Design Australia provides no warranties and assumes no liability regarding Users’ actions on the VL Design Australia Platform or the performance of Design Services by Professionals.
• You acknowledge that VL Design Australia does not supervise, direct, or control a Professional’s work or the provision of Design Services.
• Clients are solely responsible for assessing the qualifications of Professionals hired to perform Design Services.
• Professionals are independent contractors of Clients and not employees or agents of VL Design Australia.
• You agree to indemnify and hold harmless VL Design Australia, its members, managers, officers, directors, employees, consultants, and contractors from claims arising from your use of the VL Design Australia Platform or content submitted through your VL Design Australia Account.
• Disputes with VL Design Australia are subject to individual arbitration as permitted by applicable law.

3. SERVICES OFFERED

VL Design Australia Pty Ltd (“VL Design Australia,” “we,” “our,” or “us”) offers the following landscape design services:

Virtual Design Packages:

• Basic Package: Includes initial consultation, conceptual design, and 2D layout.
• Standard Package: Adds detailed planting plans and material selection to the Basic Package.
• Premium Package: Includes everything in the Standard Package plus 3D visualisations and a final design presentation.
• Consultation Services:
  On-Site Consultation: Personalised advice and recommendations provided directly at your location.
  Virtual Consultation: Remote consultation via video call for convenience and accessibility.
• Project Management:
  Full Project Management: Comprehensive oversight of your landscape project from design conception to completion.
  Partial Project Management: Tailored support for specific phases of your project, ensuring smooth execution.
• Customised Design Solutions:
• Bespoke Design Services: Tailored landscape design solutions based on unique client needs and project requirements.

4. CLIENT ONBOARDING GUIDELINES

Contract between Clients and Contractors

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.

5. PAYMENT AGREEMENTS



As part of their engagement with VL Design Australia:

• Clients shall provide VL Design Australia with valid credit card details or bank account information.
• Contractors shall either utilise VL Design Australia’s designated payment method

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 requires a one-time payment through our platform for the use of our services related to the Design Packages (“Design Package Payment”). The fees vary depending on the selected Design Package by the Client.
• When you make a Design Package Payment, you explicitly authorise us or our designated Payment Processor to charge your selected payment method. We may request additional information necessary for your Design Package Payment, such as your credit card details, expiration date, email, and billing address (“Payment Information”). By initiating a Design Package Payment, you authorise us to share your Payment Information with third parties to facilitate the payment and to charge your payment method for the selected Design Package (plus applicable taxes and other charges). Additional information may be required to verify your identity before processing your Design Package Payment (such information is included in the definition of Payment Information).
• If work has not commenced on your Design Package, you have the option to cancel the Design Project and receive a full refund of the Design Package Payment within 7 calendar days of making the payment. If you choose to cancel the Design Package between the 8th and 30th calendar days after the payment, and no work has begun on your Design Package, a refund will be issued, but will amount to 90% of the Design Package Payment (i.e., Design Package Payment amount less a 10% processing fee). No refunds will be issued beyond these timeframes or once work has started on your Design Package.

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. GENERAL TERMS 

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.