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Schedule 1, s 6

Use clear and unambiguous client agreements

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Schedule 1Victorian Architects Code of Professional Conduct
Part 2The Code
Division 2Client relations

6 Use clear and unambiguous client agreements

(1)

An architect must not collect any fee or provide architectural services (including concept designs, sketches or reports) for a client unless the architect, or an approved partnership or approved company of which the architect is a member, director or employee, has entered into a written and signed agreement with the client for the provision of those services.

(2)

An architect must provide a proposed client agreement to the client at least 7 business days before requesting the client's signature.

(3)

A client agreement must not contain terms purporting to apply retrospectively to services provided before the agreement was signed.

(4)

The client agreement must include the following—

(a)

the parties to the agreement;

(b)

if applicable, the approval number of the approved partnership or approved company that is party to the agreement;

(c)

the name, registration number and contact details of the architect responsible for carrying out the services;

(d)

the scope, nature and specific requirements of the services;

(e)

the timeframes for providing the services;

(f)

a clear and unambiguous statement of how the professional fees and costs of the services will be calculated;

(g)

a requirement that the architect must inform the client—

(i)

how a change or amendment to the services will affect the professional fees and costs for the services; and

(ii)

about the circumstances in which professional fees or costs may escalate;

(h)

where possible, reasonable estimates of disbursements;

(i)

a statement of how professional fees and costs, including disbursements, will be paid;

(j)

information about how the architect may inform the client of progress in the provision of the services;

(k)

information about how the client may authorise the architect to proceed with the services, or any part of the services;

(l)

information about how the architect may obtain the client's authority to change or amend the services;

(m)

information about how the client may make variations to the agreement;

(n)

a reservation of the right of an architect to withdraw from the provision of services under the agreement in the circumstances set out in clause 2(2);

(o)

a statement of how the agreement may be terminated by either party and for what reason;

(p)

a clear and unambiguous statement identifying—

(i)

who owns copyright in any intellectual property associated with the services; and

(ii)

the terms of any licence given to the client to use that intellectual property, including any grounds for revocation of the licence; and

(iii)

any limits on the client's use of the intellectual property; and

(iv)

where additional costs or consents may be required for the client's use of the intellectual property;

(q)

details of current professional indemnity insurance that provides adequate coverage for the work covered by the agreement;

(r)

the process in place for handling client complaints;

(s)

information about how a client can make a complaint to the Board about the architect's professional conduct or fitness to practise;

(t)

in relation to class 1 and class 10 buildings, a requirement that the architect provide the client with a current copy of the Working with an Architect Checklist produced by the Board from time to time.

(5)

Subclause (4) applies to an agreement for the provision of architectural services entered into by an architect, an approved partnership or an approved company with a client on or after 26 April 2026.

(6)

An architect must keep records to demonstrate that the client has provided written acceptance of the client agreement and any variation of the agreement.

(7)

An architect, or an architect member or director of an approved partnership or approved company must, on entering into a client agreement, provide to the client the names of all officers and employees of the architect, approved partnership or approved company who will be involved in the provision of the architectural services, their role and their registration status.

(8)

Where an architect withdraws from the provision of services after the client has paid fees, the architect must provide written reasons for the withdrawal.

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