Introduction
This website is operated by By Layer Pty Ltd T/A ND Studios. Throughout the site, the terms “we”, “us” and “our” refer to ND Studios. ND Studios offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or paying for our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products/services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
The following sets out the general Terms and Conditions of Engagement that ND STUDIOS requires to undertake a commission.
Acceptance: You have requested the services set out in the attached fee proposal (Services) and (Proposal). You agree and accept that our Services are provided to you on the terms in the Proposal and these Terms and Conditions (together the Terms).
Acceptance
You accept our Proposal and Terms by:
(a) Signing and returning the Proposal; or
(b) Confirming by email that you accept the Proposal;
(c) Instructing us to proceed with the Quoted work; or
(d) Paying any Deposit set out in the Proposal, or part or full payment for the Services, by the methods set out in our Proposal or our tax invoice to you (Invoice).
Deposits are non-refundable.
Pricing & invoices
You agree to pay us the fee for the services that you have requested, as set out in the proposal (price). All amounts are stated in Australian dollars. The price and services can be varied by written agreement between us, including by email. You acknowledge and agree that the proposal includes initial costing of each stage of the project. The final scope of services and costing of each stage will be finalised and provided to you once the stage has been fully defined. If an invoice is unpaid, we will cease to provide services to you, until we receive payment of the invoice.
If invoices are unpaid for 14 days after the payment date, interest will be charged on the outstanding amount at a rate of 10% per annum, calculated daily from the due date until the date of payment in full. We reserve the right to apply this interest charge without further notice to you.
If invoices remain unpaid, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us. You are liable for and will pay all costs including debt collection, commission, solicitor’s fees, accrued interest, and any out-of-pocket expenses. You indemnify us for the full amount of our legal and debt recovery costs.
ND Studios reserves the right to amend pricing or payment structures with reasonable notice. Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
Progress accounts
Progress accounts will be billed monthly or at the end of each stage of work during all stages of work, in accordance with the percentage of work completed at each billing date. Payment shall be within 14 days of issue of invoice in accordance with the Building and Construction Industry Security of Payment Act 1999 (NSW) legislation. Interest will be paid on outstanding invoices at ND Studios bank overdraft rate plus 2% without relieving the client of the obligation to pay the account. Accounts on which a query is not raised within seven (7) days of presentation shall be deemed to be approved as presented. Should the project not proceed past a certain date then we shall be entitled to payment for all work completed up to that date. We will not proceed to the next stage until payment for the current stage has been received. All work will be withheld until payment is made in full. Upon receipt of payment from the client, we will release the completed work.
Exclusions / disbursements
The following items are excluded from the proposal. If we arrange for these at the request of our client, the costs shall be reimbursable. An administration/handling fee of 15% will be charged on all disbursements: scale models and artist perspectives, general photography, presentation reports and other black and white and colour photocopy reproduction, fees to statutory authorities. The following services are excluded from the proposal unless specifically stated elsewhere. If we provide these services at the request of our client, the work will be charged at the hourly rates outlined elsewhere in the proposal: marketing presentations and meetings, computer visualisation and modelling, specialists consultant work, specialist reports.
Express post
The cost of express post to send documents to the client is included within this proposal. Courier costs / express post to send material to other parties at the request of the client are reimbursable. All documents sent to consultants and other parties will be mailed unless the recipient elects to collect the material from our offices.
Travel expenses
Travel within the Sydney Metropolitan Area is included in the above stated fees. Fares, travel time, accommodation and sustenance outside the Sydney Metropolitan Area and international will be charged at cost plus 15%.
Drawing reproduction
We will provide the client representative by PDF electronic transmission one set of all necessary drawings. An electronic PDF file and one colour printed hard copy of all drawings approved for construction (and subsequent amendments) will be provided at the completion of the construction documentation stage and during each construction stage. Consultants will be provided with a copy of all relevant drawings. All materials including printed hard copies supplied in excess of the above will be charged at cost plus 15%.
Drawing amendments
Any revisions beyond the agreed scope will be billed at an hourly rate. All client-requested changes to approved drawings will incur hourly fees, in addition to any reproduction or associated costs. We will provide an estimate of the time and expenses required to complete the changes prior to commencing the work. Please note this estimate is indicative only and may vary depending on the scope and site conditions.
Consultants
It may be necessary to employ other consultants during the various stages of work. The consultants would be commissioned and paid directly by the client. Our responsibility will be limited to the coordination of such consultants and the integration of their design work into that part of the project as a whole.
Cost estimates
We would advise and recommend the engagement of a professional ‘Cost Consultant’ or ‘Quantity Surveyor’ for determining cost estimates. If we provide cost estimates (or opinions of cost) they are not warranties of the cost to the completed works.
Contract types
Our fees are based on the assumption that the building contracts will be of standard format, which is an approved building contract, either Australian Standard, Master Builders or AIA standard format. The use of any non-standard format will be deemed to be a variation for which additional fees apply.
Project management
We will apply a minimum 10% designer’s margin to all invoices and quotes from contractors and suppliers coordinated by us if coordination has been requested by client. Trade discounts will only be applied exclusively to items supplied and sourced by us.
Site particulars and specialised counselling
The client is responsible for the provision of all legal, survey and other particulars concerning the site including particulars regarding existing structures, on-site measurements, deliveries, services, subsurface conditions, geotechnical investigations and adjoining sites and structures, and for the provision of specialised counselling not normally provided by interior designers.
Termination / suspension
This agreement may be terminated or suspended by either party on the expiration of reasonable notice given in writing. Upon termination or suspension, we shall be entitled to reasonable payment for services provided in accordance with this agreement.
Ownership of documents and copyright
All drawings, specifications and other documents provided by us are the property of ND Studios whether the work for which they are made is executed or not. Copyright in all drawings, specifications and other documents and in the work executed from them remains the property of ND Studios. We grant the client a licence to use the documents and drawings to produce the project. The licence applies only to the site and only upon fees due to ND Studios being paid. We reserve the moral rights to the design, documentation and executed works. All CAD files remain the property of ND Studios and will not be shared or provided under any circumstances.
Limitation period
Any action by the client against ND Studios must be commenced within six (6) years of the date of issue of our final certificate in respect of the project, or, if there is no final certificate, within six (6) years of the cessation of ND Studios’ services at the end of the defects liability period.
Supplier issues
We are not responsible for any issues related to third-party suppliers, including but not limited to product defects, manufacturing delays, shipping delays, or changes in product availability or price. Any claims for faulty or damaged goods must be directed to the supplier by the client.
Disputes
If any dispute or difference whatsoever shall arise from the performance or as to the meaning of this agreement, such dispute or difference shall be submitted to arbitration in accordance with and subject to the Institute of Arbitrators Australian rules for the Conduct of Commercial Arbitration. The arbitrator, when making an award, shall state their reason for such award, in writing.
Publication & social media
In the event the client publishes or causes to be published renderings, photographs, or other representations of the project during or after completion of the services called for under this agreement, the client agrees to include reference to ND Studios as the designer.
Furthermore, the client shall not release material for publication incorporating the designs of ND Studios (whether for marketing or public relations purposes), without first consulting with ND Studios so as to avoid conflicts of publication exclusives in the design press and to best service the client. ND Studios requires images and videos of the project upon completion. At the client’s request, ND Studios will withhold the location of the site when published on public platforms to protect privacy.
The client grants ND Studios a non-exclusive, perpetual licence to photograph the property and to use, reproduce and publish those images (including before-and-after photos) for marketing and promotional purposes, including but not limited to:
ND Studios agrees that:
The client may withdraw consent for future use of images by providing written notice to ND Studios. In this event, ND Studios will use reasonable endeavours to cease using the images in new marketing materials, noting that removal of existing printed materials or third-party content already published may not be reasonably practicable.
Leave & disengagement
ND Studios reserves the right to withdraw from a project at any time, provided that all works completed up to the point of withdrawal have been paid for in full.
This may occur if the client engages another designer, consultant, or third party to liaise on the same scope of works, or if the project brief has shifted beyond what was originally agreed upon with ND Studios.
ND Studios may also refuse to carry out further works once the agreed scope has been completed, unless a new agreement is entered into.
In such cases, ND Studios further reserves the right to request that its name not be used in association with the project, particularly where the outcome does not align with the brand’s core values, design standards, or aesthetic direction.
Returns, exchanges, and warranties
Where purchases are made by ND Studios on behalf of the client, ND Studios will assist in coordinating returns or exchanges, but cannot guarantee success, as all returns, exchanges, and warranties are subject to the supplier’s policies. The client agrees that they are bound by the terms and conditions of the supplier, and ND Studios is not liable for any rejected claims or additional costs incurred due to supplier policies.
Indemnification
You agree to indemnify, defend and hold harmless ND Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Availability
ND Studios will make every effort to be reasonably available for meetings, correspondence, and site visits during standard business hours. The level of availability will vary depending on the scope agreed upon with the client. Any suitably qualified ND Studios team member may represent the studio in meetings, correspondence, and site visits, attendance is not limited to directors, partners, or senior staff, and the appropriate representative will be assigned based on the needs of the project at any given time.
Availability outside standard business hours is at ND Studios’ discretion and may incur additional fees. ND Studios observes all public holidays and reserves the right to take annual leave throughout the year. Clients will be notified in advance of any planned leave or limited availability that may affect project timelines. Project schedules will be adjusted accordingly, but ND Studios shall not be held liable for delays caused by periods of unavailability.
AI use and data responsibility
Studio AI use
Our studio uses artificial intelligence tools to support internal operations, including drafting communications, research, and administrative tasks. All AI-assisted work is reviewed, edited, and approved by a qualified team member before delivery. AI tools are not used to generate final creative concepts, specifications, or design documents without human oversight and professional judgement applied.
We take the security of your information seriously. We do not input personally identifiable information — including your full name, address, financial details, or property access information — into any AI tool unless that tool operates under a confirmed zero data retention policy or equivalent contractual data protection standard.
Please note that any AI-generated images or
visualisations are conceptual in nature only. They are not to be used as a
basis for construction, nor should they be relied upon for construction
details, specifications, or technical accuracy. All construction documentation
will be provided separately through our formal drawing and documentation
process.
Client obligations regarding AI tools
All deliverables produced by the studio — including but not limited to concept documents, mood boards, floor plans, technical drawings, specifications, schedules, and written materials — remain the intellectual property of the studio until full payment is received, and are subject to ongoing copyright protection thereafter.
Clients must not input any studio deliverable, in whole or in part, into any artificial intelligence tool, platform, or model. This includes but is not limited to AI image generators, language model tools, design platforms with AI features, or any tool whose terms of service permit the use of submitted content for model training.
This restriction exists because:
If you are uncertain whether a specific tool complies with this clause, please contact us before use.
Breach
Breach of this clause may constitute copyright infringement and will be treated as a material breach of our agreement.
This clause is written for Australian jurisdiction. If you operate across multiple countries, have a lawyer review it for local compliance, particularly re: GDPR if you work with European clients.
Contact Information
Questions about the Terms & Conditions should be sent to us at: