RRCD – Terms of Service (Victoria)
Architectural, Heritage & ESD Advisory Services
These Terms of Service (“Terms”) govern the provision of architectural, heritage advisory, ESD advisory and expert evidence services (“Services”) by RRCD (“we”, “us”, “our”) to the client (“you”, “your”). By engaging RRCD, you agree to these Terms.
1. Scope of Services
RRCD provides Services as described in our proposal, fee letter, engagement agreement or written correspondence. Services may include:
Architectural advice and design guidance
Heritage assessments and advisory services
Heritage impact statements and statutory planning input
ESD assessments, reviews and recommendations
Conservation management planning
Expert evidence and expert witness reports
Independent heritage or architectural assessments
Related professional consulting services
Any work outside the agreed scope is not included unless confirmed in writing.
2. Professional Standards
RRCD performs Services in accordance with:
The Architects Act 1991 (Vic)
The Architects Regulations 2015 (Vic)
ARBV Codes of Professional Conduct
Applicable planning, heritage and environmental legislation
Accepted professional standards for architectural, heritage and ESD practice
3. Reliance on Information Provided
Our advice is based on information, documents, site conditions and instructions provided by you or third parties. We are not responsible for consequences arising from incomplete, inaccurate, outdated or delayed information.
4. Nature of Architectural, Heritage and ESD Advice
RRCD may provide professional architectural, heritage and ESD advice, including via email or written communication. Such advice:
is prepared for your specific project and purpose
must not be relied upon for any other purpose
must not be provided to third parties without our written consent
Architectural, heritage and ESD assessments involve professional judgement and interpretation of statutory controls. Different practitioners or authorities may reach different conclusions.
5. Expert Evidence
Where RRCD provides expert evidence (including for VCAT, Planning Panels Victoria, the Heritage Council or other authorities):
we comply with the relevant expert witness code of conduct
our primary duty is to the tribunal or authority, not the client
this duty overrides any contractual or commercial obligation
6. Client Responsibilities
You are responsible for:
decisions made in connection with the Services
ensuring compliance with statutory requirements
obtaining legal, financial or other specialist advice where required
implementing recommendations unless otherwise agreed
RRCD does not act as your agent unless expressly agreed in writing.
7. No Guarantee of Outcomes
RRCD does not guarantee any particular:
planning, heritage or ESD approval
regulatory, tribunal or appeal outcome
commercial, operational or financial result
We are not responsible for decisions made by councils, referral authorities, heritage bodies, ESD assessors, building surveyors, tribunals or any other third‑party authority.
8. No Duty to Update
We are not required to update advice, reports or deliverables after they have been issued unless agreed in writing. Changes in legislation, planning controls, heritage policies, ESD standards or site conditions may affect earlier advice.
9. Fees and Payment
Fees are payable as set out in our proposal or engagement agreement. Unless otherwise stated:
invoices are payable within 14 days
additional work outside scope is charged at our standard hourly rates
disbursements (e.g., travel, printing, data access) may be charged separately
Late payments may incur interest at a reasonable commercial rate.
10. Limitation of Liability
To the maximum extent permitted by law:
RRCD excludes all liability for loss, damage or costs arising from the use of, or reliance on, our Services, except to the extent caused by our negligence
where liability cannot be excluded, it is limited to the total fees paid for the relevant Services
This clause complies with the Architects Act 1991 (Vic) and does not exclude liability where doing so would be unlawful.
11. Intellectual Property
Unless otherwise agreed:
RRCD retains ownership of all intellectual property created during the engagement
you receive a licence to use deliverables solely for your internal business purposes and the specific project
You must not reproduce, distribute or modify our materials without permission.
12. Confidentiality
Both parties must keep confidential all non‑public information obtained during the engagement, except where disclosure is required by law or with written consent.
13. Records Retention
RRCD may retain engagement‑related documents for administrative and legal purposes. We will retain records for a period consistent with:
professional obligations for architects
heritage and ESD practice expectations
applicable limitation periods
We are not responsible for storing client records, archival materials, historic documents or ESD modelling files unless agreed in writing.
14. Third‑Party Services and Materials
RRCD is not responsible for the performance, accuracy or reliability of:
third‑party tools, platforms or software
archival or historic records
ESD modelling systems
mapping or data sources
external consultants or contractors
15. Force Majeure
RRCD is not liable for delays or failure to perform due to events beyond our reasonable control, including natural disasters, pandemics, government restrictions, system outages or other unforeseen circumstances.
16. Termination
Either party may terminate the engagement by written notice if the other party:
materially breaches these Terms and fails to remedy the breach, or
becomes unable to pay its debts or ceases trading
You must pay for all Services performed up to the date of termination.
17. Amendments
Any changes to these Terms must be agreed in writing.
18. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of Victorian courts and tribunals.