Terms and Conditions

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Services” - means the services which are to be provided by Us to You as specified in Schedule 1;

“We/Us/Our” - Plan Be Planning Consultancy

“You/Your” - means you, the Client.

Each reference in this Agreement to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, social media message, fax, or other means.
1. Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time, unless otherwise specified.
2. Each reference to “this Agreement” is a reference to this Agreement and each of its Schedules as amended or supplemented at the relevant time.
3. Each reference to a Schedule is a reference to a schedule to this Agreement.
4. Each reference to the singular number shall include the plural and vice versa.
5. Each reference to any gender shall include all genders.
6. References to persons shall include corporations.

2. Information About Us

Plan Be Planning Consultancy, is a registered business, registered under ABN number 64 221 140 955.
We provide Planning & Development advice in relation to legislation and procedures applicable in both New South Wales and Canberra, ACT.
Plan Be and its owners/operators are qualified in the areas of planning & development, having undergone relevant training, qualifications; and with proficient learned and professional experience over a course of 15+ years within the industry [& relevant industries].

3. The Contract

Your Agreement governs the provision of Services by Us and embodies the contract between Us and You. Before signing your Agreement, please ensure that You have read it carefully. If You are unsure about any part of the Agreement, please ask Us for clarification.
A legally binding contract between Us and You will be created upon our mutual acceptance of this Agreement, indicated by Us and You signing the Agreement.
By signing the Agreement both parties hereby acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
1. The main characteristics of the Services;
2. Our identity (set out above in Clause 2) and contact details (as set out below in Clause 8);
3. The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
5. Our complaints handling procedures
6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it;

4. Price and Payment

The Price payable for the Services is detailed in your quotation.
Agreed amendments outside of the original quote will correlate to additional charges, fees & payments.
We prefer payment to be made electronically.
Additional fees and charges may arise during the completion of Services. These charges will align with Local Government Areas, Councils, and their fees for the completion of works. These fees are an additional component and required for payment to progress submissions. You can find a list of fees for QPRC here, ACT here, & Wagga Wagga here.

5. Providing the Services

As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in planning and in accordance with any information provided by Us about the Services and about Us.
We will observe the byelaws, regulations and ethical guidelines of the Local Government Agencies and accept instructions to act for you on the basis that we will in accordance with those guidelines. Copies of the NSW Planning policies and legislations are available from the planning NSW gov website: planning.nsw.gov.au & the ACT planning policies and legislations are available on the planning ACT gov website: planning.act.gov.au
We will begin providing the Services on the date agreed.
We will continue providing the Services for [a period] OR [an approximate period] of the period agreed.
We will make every reasonable effort to complete the Services on time (and in accordance with the specification in Schedule 1). We cannot, however, be held responsible for any delays if an event outside of Our control arises.
If We require any information or action from You in order to provide the Services, We will inform You of this as soon as is reasonably possible.
If it is necessary to carry out additional work outside of the agreed brief, then this work will involve additional fees. We will provide an estimate of such fees before commencing additional work.
If the information or action required of You under sub-Clause 5.6 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on Your part, We may charge You a reasonable additional sum for that work.
In certain circumstances, for example where there is a delay in You sending Us information or taking action required under sub-Clause 5.6, We may suspend the Services (and will inform You of that suspension in writing).
In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, We will inform You in advance in writing before suspending the Services.
If the Services are suspended under sub-Clauses 5.9 or 5.10, You will not be required to pay for them during the period of suspension. You must, however, pay any invoices that You have already received from Us by their due date(s).
If You do not pay Us for the Services as required by Clause 4, We may suspend the Services until You have paid all outstanding sums due. If this happens, We will inform You in writing.
We will endeavour to represent you to the best of our ability but cannot guarantee any outcome which relies upon decision made by others (eg. Department for Environment, Food and Agriculture Officers, Planning Committee, Minister, Cabinet Office, ACT/NSW or other state Government bodies).

6. Our Liability

We will endeavour to provide professional services with reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others of incorrect of incomplete information, or a failure of you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or relevant authorities.
Nothing in this Agreement seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Australian Competition and Consumer Commission [ACCC], Australian Consumer Law, or Trading Standards.

7. Cancellation

You are free to cancel the Services and this Agreement without notice at any time before We begin providing them. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation.
Once We have begun providing the Services, You are free to cancel the Services and this Agreement at any time by giving Us 14 Calendar days written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4.

8. Communication, Complaints and Feedback

We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, this Agreement or the Services, please contact Us in one of the following ways:
1. By email, addressed to Plan Be at planbe.planning@gmail.com
2. By contacting Us by telephone on 0477 349 630

9. How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of General Data Protection Regulation, under Australian law, adopted in the Privacy Act 1988 (Privacy Act) & within compliance with the Australian Privacy Principles [APPs].
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purposes for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available on our website.

10. Governing Law and Jurisdiction

Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts.

Terms and Conditions

ACKNOWLEDGEMENT OF COUNTRY