0418 561 220
Get In Touch
Magic New Family Homes logo

Terms & Conditions

These Terms & Conditions govern the use of Magic New Family Homes’ website and services. By accessing or using our site, you agree to abide by these terms.

Services & Use of Website

Magic New Family Homes provides property development, house plans, and renovation services. Users must not misuse our website, interfere with operations, or use our content without permission.

Intellectual Property

All content, including text, graphics, and trademarks, is owned by Magic New Family Homes and protected by copyright laws. Unauthorized reproduction or distribution is prohibited.

Liability & Disclaimers

We strive for accuracy but do not guarantee the completeness of website information.

Magic New Family Homes is not liable for any losses arising from website use or service transactions.

External links on our site are provided for reference; we do not endorse third-party content.

Payments 

Complimentary Renovation Quotes & Flexible 3-Part Payment Plan.

Termination of Use

We reserve the right to terminate access to our website or services if any terms are violated.

Governing Law

These terms are governed by the laws of Australia. Any disputes will be resolved in accordance with Australian legal provisions.

For any inquiries, please contact us at admin@magicnewfamilyhomes.com.au.

Definitions
  1. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Magic to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
    1. if there is more than one Client, is a reference to each Client jointly and severally; and
    2. if the Client is a partnership, it shall bind each partner jointly and severally; and
    3. if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
    4. includes the Client’s executors, administrators, successors and permitted assigns.
  2. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
  3. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 
  4. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Magic’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
  5. “Documentation” means any incidental items, goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by Magic in the course of it conducting, or supplying to the Client, any Services.
  6. “Fees” means the price payable (plus any GST where applicable) for the Services as agreed between Magic and the Client in accordance with clause 10 of this Contract.
  7. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
  8. “Magic” means Vanessa Jane March T/A Magic New Family Homes or Magic Flippers, its successors and assigns or any person acting on behalf of and with the authority of Vanessa Jane March T/A Magic New Family Homes or Magic Flippers.
  9. “Project” means the Project as specified in the scope of works and/or letter of engagement that will read in conjunction with this Contract for which the Services are provided by Magic to the Client.
  10. “Proposal” means the letters or other documents prepared by Magic and submitted to the client to describe the actual scope of Services to be undertaken, the personnel and equipment proposed to be utilised and the amount or method of calculation of the Fees and reimbursable expenses.
  11. “Services” mean all Services provided by Magic to the Client at the Client’s request from time to time (where the context so permits the terms ‘Services’ or ‘Documentation’ shall be interchangeable for the other).
  • Interpretation
    1. In this Contract, unless the context requires otherwise:

      1. Numbers.  Words importing the singular include the plural and vice versa.

      2. Gender.  Words importing any gender include the other genders.

      3. Statutory amendments.  A reference to a statute, ordinance, code, or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments, or replacements of any of them (whether of the same or any other legislative authority having jurisdiction).

      4. Joint obligations.  An obligation incurred in favour of two or more parties shall be enforceable by them jointly and severally and vice versa.

      5. Parts of agreement.  References to this Contract include its recitals, clauses, schedules, and annexures.

      6. Headings.  Headings shall be ignored in construing this Contract.

      7. Plurals.  The singular shall include the plural and vice versa and words importing one gender shall include every gender and a reference to a person shall include any other legal entity of whatsoever kind and vice versa. 

  • Acceptance
      1. The parties acknowledge and agree that:
        1. they have read and understood the terms and conditions contained in this Contract; and
        2. the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Services provided by Magic.
  • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
  • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. 
    1. The Client acknowledges that:
      1. the supply of Services on credit shall not take effect until the Client has completed a credit application with Magic and it has been approved with a credit limit established for the account. In the event that the supply of Services requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Magic reserves the right to refuse delivery; and
      2. in accordance with clause 16.1, it is Magic’s policy that any Documentation shall not be released to the Client until the Fees have been paid in full.  
    2. These terms and conditions are meant to be read in conjunction with Magic’s scope of works, development objectives, fee schedule and/or letter of engagement. If there are any inconsistencies between these documents, then the terms and conditions contained in this document shall prevail.
    3. The Client acknowledges and accepts Magic will not accept liability in the event an application is refused by the approval authority, and/or for changes in the documents that are outlined in the Project design brief, being requested by the approval authority as a result of objections submitted by neighbours or other interested parties. Major changes to the documents outlined in the Project design brief along with associated discussions/negotiations will be subject to additional Fees based upon Magic’s hourly rate if the application does not comply with the approval authority.
    4. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW), Section 9 of the Electronic Transactions (Victoria) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.
  • Errors and Omissions
    1. The Client acknowledges and accepts that Magic shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      1. resulting from an inadvertent mistake made by Magic in the formation and/or administration of this Contract; and/or
      2. contained in/omitted from any literature (hard copy and/or electronic) supplied by Magic in respect of the Services.
    2. In circumstances where the Client is required to place an order for the Services, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for the Services (whether they are made to order Documentation or not) (“Client Error“). The Client must pay for all Services it orders from Magic notwithstanding that such Services suffer from a Client Error and notwithstanding that the Client has not taken or refuses to take delivery of such Services.  Magic is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Client Errors.
  • Change in Control
  • The Client shall give Magic not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Magic as a result of the Client’s failure to comply with this clause.
  • Role of Magic
    1. Magic shall exercise reasonable skill, care, and diligence in the performance of the Services in accordance with the ethics of their profession.
    2. If Magic is required to exercise their professional judgment between the Client and a third party with whom the Client has a contract, then the Client shall do so independently and as required by the terms of that contract.
    3. Magic shall use all reasonable efforts to inform themselves of the Client’s requirements for the Project and for that purpose they shall consult the Client throughout the performance of the Services.
    4. If Magic considers that the information, documents, and other particulars made available to Magic by the Client are not sufficient to enable Magic to provide the Services in accordance with this Contract, Magic may advise the Client who shall then provide such further assistance, information, or other particulars as necessary in the circumstances.
    5. If Magic becomes aware of any matter which will change or which has changed the scope or timing of the Services then Magic will give notice to the Client and the notice will contain, as far as practicable in the circumstances, particulars of the change.
    6. Magic shall perform the Services in a timely manner to the extent that it is within Magics’ control to do so.
  • Role of the Client
    1. The Client shall as soon as practicable make available to Magic all information, documents and other particulars relating to the Client’s requirements for the Project.
    2. The Client shall as soon as practicable make arrangements to enable Magic to enter upon the site and other lands as necessary to enable Magic to perform the Services.
    3. Unless the parties specifically agree otherwise, the Client shall as soon as practicable obtain all approvals, authorities, licenses and permits which are required from governmental, municipal, or other responsible authorities for the lawful implementation and completion of the Project.
    4. The Client agrees that the Services do not include any services which are properly carried out by other professions such as legal or accounting and if other such professional services are required the Client shall obtain these services at the Client’s own cost.
    5. The Client shall make available to Magic at the place and at the time specified in the Proposal the equipment and facilities specified in the Proposal.
    6. The Client may appoint a person or persons to act as their representative and shall give written notice to Magic of the name of the person(s) so appointed. The Client agrees that the person(s) appointed shall have full authority to act on behalf of the Client for all purposes in connection with this Contract.
    7. If the Client becomes aware of any matter which may change the scope or timing of the Services or the Project, then the Client will give written notice of same to Magic.
    8. The Client shall carry out any additional special obligations set out in the Proposal.
    9. The Client shall co-operate with Magic and shall not interfere with or obstruct the proper performance of the Services.
  • Proposal
    1. Unless expressly stated by Magic, the quoted Fees shall not include:

      1. changes in the Project design brief; and

      2. additional work required due to changes in the Client’s instructions or additional costs incurred if the anticipated work program is protracted.

    2. In the event the Client requires any of the above, the Fees will be reviewed and shall be charged on Magic’s hourly rate in accordance with clause 10.2 to include the additional Services.
  • Amendments
    1. The Client agrees that Magic, at its sole discretion, has the right to determine the nature of an amendment as a minor or major change.
    2. The Client shall request Magic on making the request for amendments as to the nature of the amendment. Magic must provide to the Client the nature of the amendment as being either a minor or major change in writing as per clause 9.1 upon request. The determination shall be provided prior to making the amendments in the Documentation. Where the Client fails to request of Magic, as to the nature of the amendments, Magic shall determine the nature, as per clause 9.1.
    3. Where the term used within the contract of engagement “minor amendments rounds” is used, an allowance of up to ten (10) minor amendments will be applied and subject to clause 9.1. Minor amendments exceeding the allowance will be subject to the fee schedule in the Fees charged.
    4. It is agreed between Magic and the Client that at no time major amendments can be substituted for any minor amendments. Fees charged as per the fee schedule to the Client by Magic for major amendments will be at the sole discretion of Magic.
  • Fees and Payment
    1. At Magic’s sole discretion, the Fees shall be either:
      1. as indicated on any invoice provided by Magic to the Client upon placement of an order for the Services; or
      2. Magic’s quoted Fees (subject to clause 10.2) which will be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.
    2. Magic reserves the right to change the Fees in the event of a variation to Magic’s quotation/letter of engagement. In the event the Client requests changes after commencement of the Services then Magic (at its sole discretion) shall be entitled not only to vary the Fees but the term of the Contract. All variations shall be in writing, detailing the reason for the variation, the impact on the Fees, term and/or the scope of the Contract and shall be signed by both parties. The Client shall be required to respond to any variation submitted by Magic within ten (10) working days. Failure to do so will entitle Magic to add the cost of the variation to the Fees. Payment for all variations must be made in full at the time of their completion.
    3. The Client agrees to indemnify Magic for all costs and expenses (including, but not limited to, disbursements, postage, search fees, couriers, and the like expenses), incurred by Magic in connection with the provision of the Services. Magic shall fully document all such expenses for submission to the Client.
    4. At Magic’s sole discretion, a reasonable non-refundable deposit may be required upon placement of an order for the Services, in accordance with any quotation provided by Magic or as notified to the Client prior to the placement of an order for the Services. 
    5. Time for payment for the Services being of the essence, the Fees will be payable by the Client on the date/s determined by Magic, which may be:
      1. by way of instalments/progress payments in accordance with Magic’s payment schedule; or
      2. the date specified on any invoice or other form as being the date for payment; or
      3. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Magic. 
    6. Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Magic.
    7. Magic may in its discretion allocate any payment received from the Client towards any invoice that Magic determines and may do so at the time of receipt or at any time afterwards. 
    8. The Client shall not be entitled to set off against, or deduct from the Fees, any sums owed or claimed to be owed to the Client by Magic nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify Magic in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Magic investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Magic placing the Client’s account into default and subject to default interest in accordance with clause 22.1.
    9. Unless otherwise stated the Fees does not include GST. In addition to the Fees, the Client must pay to Magic an amount equal to any GST Magic must pay for any supply by Magic under this or any other agreement for providing Magic’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Fees. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Fees except where they are expressly included in the Fees.
  • Extension of Project Term
    1. Magic shall as per clause 10.2 above be entitled to claim an extension to the term of the Project in the event of delays resulting from any matter whatsoever which is not entirely under the control of Magic. These matters shall include, but are not limited to, delays caused by:
      1. response(s) to information request(s) made by Magic to the Client not being available when required; 
      2. approval authorities’ response times for requests for preliminary decisions/information;
      3. information from consultants, councils or referral agencies not being available when required;
      4. changes to the design brief being requested by the Client;
      5. time taken by the approval authority for the granting of required approvals;
      6. any other variation to this Contract.
    2. In the event that there is a break in the continuity of Services being provided by Magic due to the Client’s instructions or lack of instruction and such instructions are not received within fourteen (14) calendars days of being requested by Magic, or from the last Client instruction, or all Services are suspended by Magic pursuant to overdue payments, then the Fees for Services completed at the time of such a break or suspension shall be:
      1. the percentage due for completed Services of the current stage plus the cost of all Project staff working at the time of such a break or suspension of the Services for one (1) month, all Fees due up to date of such a break or suspension plus all fees, wages and expenses reasonably incurred as a result of such a break or suspension, unless otherwise agreed; and
      2. if the Project recommences, in addition to the amounts payable previously, the Client shall pay a recommencement fee to Magic. This fee shall be equivalent to the time charge cost for five (5) days of all Project staff required to be working on the Project at the time of such a break or suspension of Services, unless otherwise agreed.
  • Provision of the Services
    1. Any time specified by Magic for delivery of the Services is an estimate only and Magic will not be liable for any loss or damage incurred by the Client as a result of any delay. However, both parties agree that they shall make every endeavour to enable the Services to be provided at the time and place as was arranged between both parties. In the event that Magic is unable to supply the Services as agreed solely due to any action or inaction of the Client then Magic shall be entitled to charge a reasonable fee for re-providing the Services at a later time and date and the Client shall be liable for those costs.
    2. The Client agrees to ensure that Magic has all authorisations and permissions necessary to access the property for site inspections to enable Magic to provide the Services.
  • Nominated consultants or contractors
    1. Magic may engage consultants or contractors as specified in the quotation acting solely as agent on behalf of the Client and the following shall apply:
      1. Magic shall be entitled to enter into contracts with such consultants or contractors in the name of the Client; 
      2. the Client shall be responsible for all payments to such consultants or contractors; 
      3. where Magic pays the consultant or contractor’s account on behalf of the Client, the Client shall reimburse Magic for the payment of the consultant or contractor’s account together with an account-handling fee within seven (7) days from the date of submission of the account by Magic to the Client; 
      4. if the Client does not reimburse Magic within seven (7) days from the date of submission of the account in accordance with subparagraph (c) above, Magic shall be entitled to:
        1. charge interest from the date of payment of the consultant or contractor’s account by Magic to the date of reimbursement to Magic by the Client; and/or
        2. charge an administration fee as allowed by this Contract.
    2. At the option of the Client and notified to Magic in writing, the Client shall engage relevant consultants or contractors required for the Project (after consultation with Magic) and shall be liable for all payments to such consultants or contractors.
    3. All builders, construction companies, cabinet makers, plumbers, landscapers, house renovation specialists, and other engaged entities (“Contractors”) who are contracted by Magic to carry out renovation or improvement works for the Client must provide Magic with a copy of the Client-signed domestic building contract that complies with the applicable legislation of the relevant Australian state. This requirement applies where the quoted value of the work meets or exceeds the statutory threshold for domestic building contracts under that jurisdiction’s legislation. Contractors are responsible for ensuring that such contracts are properly executed and compliant with all regulatory obligations prior to commencement of works.
  • Risk
    1. Irrespective of whether Magic retains ownership of any Documentation all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as Magic may repossess the Documentation in accordance with clause 16.3(c). The Client must insure all Documentation on or before delivery.
    2. Magic reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Documentation as a result of the Client’s failure to insure in accordance with clause 14.1.
    3. Magic shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client or the local authority. The Client acknowledges and agrees that in the event that any of this information provided by the Client or local authority is inaccurate, Magic accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
    4. The Client accepts that where natural materials have been selected for a Project, such materials may change in appearance or dimension following exposure to climatic conditional and this is normal behaviour for these materials.
    5. Magic does not guarantee the appearance, dimensions, consistency of colour and/or texture of any natural materials selected following approval of samples of the particular natural materials by the Client.
    6. Upon completion, the Client accepts that every building will require ongoing maintenance of its fabric, systems, finishes and equipment. The Client is responsible for the ongoing and regular maintenance of a building.
  • Compliance with Laws
    1. The Client and Magic shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
    2. The Client shall obtain (at the expense of the Client) all licences and approvals that may be required to enable Magic to provide the Services unless otherwise agreed.
  • Title 
    1. Magic and the Client agree that the Client’s obligations to Magic for the provision the Services shall not cease (and ownership of any Documentation shall not pass) until:
      1. the Client has paid Magic all amounts owing for the Services; and
      2. the Client has met all other obligations due by the Client to Magic in respect of all Contracts between Magic and the Client.
    2. Receipt by Magic of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Magic’s ownership in the Documentation or rights in respect of the Services shall continue.
    3. It is further agreed that, until ownership of the Documentation passes to the Client in accordance with clause 16.1:
      1. the Client is only a bailee of the Documentation and must return the Documentation to Magic immediately upon request by Magic; 
      2. the Client holds the benefit of the Client’s insurance of the Documentation on trust for Magic and must pay to Magic the proceeds of any insurance in the event of the Documentation being lost, damaged or destroyed;
      3. the Client irrevocably authorises Magic to enter any premises where Magic believes the Documentation are kept and recover possession of the Documentation;
      4. Magic may commence proceedings to recover the Fees notwithstanding that ownership of the Documentation has not passed to the Client.
  • Personal Property Securities Act 2009 (“PPSA”)
      1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
      2. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in: 
        1. all Documentation previously supplied by Magic to the Client; 
        2. all Documentation will be supplied in the future by Magic to the Client and the proceeds from such Documentation; and 
        3. all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to Magic for Services – that have previously been provided and that will be provided in the future by Magic to the Client.
      3. The Client undertakes to:
        1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Magic may reasonably require to;
          1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; 
          2. register any other document required to be registered by the PPSA; or
          3. correct a defect in a statement referred to in clause 17.3(a)(i) or 17.3(a)(ii).
        2. indemnify, and upon demand reimburse, Magic for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Documentation charged thereby;
        3. not register a financing change statement in respect of a security interest without the prior written consent of Magic; and
        4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Documentation or the proceeds of such Documentation in favour of a third party without the prior written consent of Magic.
      4. Magic and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
      5. The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
      6. The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
      7. Unless otherwise agreed to in writing by Magic, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
  • The Client must unconditionally ratify any actions taken by Magic under clauses 17.3 to 17.5.
    1. Subject to any express provisions to the contrary (including those contained in this clause 17), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  • Security and Charge
    1. In consideration of Magic agreeing to provide its Services, the Client grants Magic a security interest by way of a floating charge (registerable by Magic pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Client or owned by the Client in the future, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Services under this Contract and/or permit Magic to appoint a receiver to the Client in accordance with the Corporations Act 2001 (Cth).  
    2. The Client indemnifies Magic from and against all Magic’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Magic’s rights under this clause.
    3. In the event that the Client defaults or breaches any term of this Contract and as a result, the security provided in clauses 16.1,17.2 and 18.1 as applicable, is deemed insufficient by Magic to secure the repayment of monies owed by the Client to Magic, the Client hereby grants Magic a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Client now, or owned by the Client in the future, to secure the performance of the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money.
  • Defects, Warranties and the Competition and Consumer Act 2010 (“CCA”)
    1. The Client must inspect Magic’s Services on completion of the Services and must within seven (7) days notify Magic in writing of any evident defect in the Services or Documentation provided (including Magic’s workmanship) or of any other failure by Magic to comply with the description of, or quote for, the Services which Magic was to supply. The Client must notify any other alleged defect in Magic’s Services or Documentation as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Magic to review the Services or Documentation that were provided.
    2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees). 
    3. Magic acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. 
    4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Magic makes no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Services. Magic’s liability in respect of these warranties is limited to the fullest extent permitted by law. 
    5. If the Client is a consumer within the meaning of the CCA, Magic’s liability is limited to the extent permitted by section 64A of Schedule 2.
    6. If Magic is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then Magic may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services and Documentation which have been provided to the Client which were not defective.
    7. If the Client is not a consumer within the meaning of the CCA, Magic’s liability for any defective Services or Documentation is:
      1. limited to the value of any express warranty or warranty card provided to the Client by Magic at Magic’s sole discretion;
      2. otherwise negated absolutely. 
  • Intellectual Property
    1. Where Magic has:
      1. designed, drawn, or written, or created any Documentation for the Client, then the copyright in those designs, drawings, and Documentation (either in whole or in part) shall remain vested in Magic, and shall only be used by the Client at Magic discretion. However, Magic grants the Client a licence to use the Documentation to produce the Client’s Project, for which they were intended, conditional upon all of the following:
        1. the licence applies only to one individual site (or to that part of the site) to which the Documentation relates;
        2. the Fees properly due to Magic have been paid.
      2. created a one-off design for the Client then the copyright in that design shall remain vested and retained by Magic.
    2. The Client acknowledges that if they wish to reproduce the Project at another site then a further licencing fee will be due and payable to Magic. Upon payment of that licencing fee Magic shall grant a further licence to use the Documentation to produce the Client’s Project, but this shall only be applicable to that particular site.
    3. Any licence granted shall immediately be withdrawn if payment of the licencing fee is not made on due date and any designs, drawings, and Documentation (including copies) must be immediately returned to Magic by the Client.
    4. Designs, drawings, or sketches, furnished by Magic, dummies, models or the like devices made or manipulated by Magic or made from Magic original design, or from a design furnished by the Client, remain the exclusive property of Magic unless otherwise agreed upon in writing. They shall not be used for any purpose other than that nominated by Magic and no ideas obtained there from may be used without the consent of Magic. Magic shall be entitled to compensation from the Client for any unauthorised use of such items.
    5. Where the Client provides Magic any materials including sketches, photographs, drawings, plans or concepts upon which Magic is to base the Services, the Client shall indemnify and keep indemnified Magic at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against Magic or incurred or become payable by Magic resulting or arising from any claim or infringement of any patent, registered design, trademark, copyright or any other property interest of a third party which may result out of the use by Magic of those materials.
    6. Magic shall retain the original designs, including but not limited to, any CAD drawings and/or designs. The Client is entitled to one set of designs as a record of the Services provided and shall be issued with one (1) master set of PDF files, additional sets, or individual prints for any stage of the Project shall be charged at market rates unless otherwise agreed.
    7. The Client acknowledges that they may only supply the documents and drawings (including softcopy) to any third party with the express approval of Magic in writing.
    8. Magic may photograph, video, or record by any and all means the Project during construction and upon completion for Magic own use and for use in exhibitions, or award competitions, or publication in journals.
    9. If the Client publicises or permits the publication of the Project, Magic must be given full credit for its role in the Project. Magic’s details shall be included on any or all Project signboards. If there is no such signboard, then the Client agrees that Magic may erect a signboard in an agreed location for the duration of the Project and up to thirty (30) days after practical completion of the Project.
    10. The Client shall not be entitled to use Magic’s name nor the name of any director, employee, or agent of Magic on any marketing or like material for the Project unless Magic provides their written consent.
  • Confidentiality
    1. Each party agrees to treat all information and ideas communicated by the other party as confidential and each agrees not to divulge it to any third party, without the other party’s written consent. 
    2. The quotation, and the information contained in the quotation, provided by Magic to the Client is done so on a “commercial in confidence” basis thereby, the Client agrees not to reproduce or provide said information in any manner to any third party without the prior written approval of Magic.
  • Default and Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Magic’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Client owes Magic any money, the Client shall indemnify Magic from and against all costs and disbursements:
      1. incurred; and/or
      2. which would be incurred and/or
      3. for which by the Client would be liable;
in regard to legal costs on a solicitor and own client basis incurred in exercising Magic’s rights under these terms and conditions, internal administration fees, Magic’s Contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
  1. Further to any other rights or remedies Magic may have under this Contract, if a Client has made payment to Magic, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Magic under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
  2. Without prejudice to Magic’s other remedies at law Magic shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Magic shall, whether or not due for payment, become immediately payable if:
    1. any money payable to Magic becomes overdue, or in Magic’s opinion the Client will be unable to make a payment when it falls due; 
    2. the Client has exceeded any applicable credit limit provided by Magic;
    3. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
  • Cancellation
    1. Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply of Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
    2. If Magic, due to reasons beyond Magic’s reasonable control, is unable to deliver any Services to the Client, Magic may cancel any Contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Client. On giving such notice Magic shall repay to the Client any money paid by the Client for the Services. Magic shall not be liable for any loss or damage whatsoever arising from such cancellation.
    3. The Client may cancel delivery of the Services by written notice served within forty-eight (48) hours of placement of the order. If the Client cancels delivery in accordance with this clause 23.3, the Client will not be liable for the payment of any costs of Magic, except where a deposit is payable in accordance with clause 10.2. 
  • Liability Limitations 
    1. Magic shall be under no liability whatsoever to the Client for:
      1. the acts, omissions, or default of other contractors or consultants engaged by the Client (including contractors or consultants engaged by Magic as agent for the Client);
      2. any changes, alterations or additions to the Services made by others without the express approval of Magic;
      3. any loss, damage, or claim to the extent that such loss, damage, or claim was caused or contributed to by the Client or its employees, agents, consultants or contractors;
      4. the Project overall cost if the Project exceeds the Client’s total Project budget cost provisions as third party contractors or consultants costs cannot be guaranteed by Magic. 
    2. Notwithstanding clause 24.1 the Client accepts that it is the Client’s sole responsibility for insuring against such risk and liability accepted under this Contract.  
    3. If the Services include giving to the Client an estimate of the likely cost for the Project Magic warrants only that he will exercise the reasonable skill, care, and diligence of a Designer in the preparation of his professional opinion of those costs.
  • Privacy Policy
  • All emails, documents, images or other recorded information held or used by Magic is Personal Information, as defined and referred to in clause 25.3, and therefore considered Confidential Information. Magic acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Magic acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Magic that may result in serious harm to the Client, Magic will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
    1. Notwithstanding clause 25.1, privacy limitations will extend to Magic in respect of Cookies where the Client utilises Magic’s website to make enquiries. Magic agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
      1. IP address, browser, email client type and other similar details;
      2. tracking website usage and traffic; and
      3. reports are available to Magic when Magic sends an email to the Client, so Magic may collect and review that information (“collectively Personal Information”).
If the Client consents to Magic’s use of Cookies on Magic’s website and later wishes to withdraw that consent, the Client may manage and control Magic’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the website. 
  1. The Client agrees for Magic to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by Magic. 
  2. The Client agrees that Magic may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
    1. to assess an application by the Client; and/or
    2. to notify other credit providers of a default by the Client; and/or
    3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
    4. to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
  3. The Client consents to Magic being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.
  4. The Client agrees that personal credit information provided may be used and retained by Magic for the following purposes (and for other agreed purposes or required by):
    1. the provision of Services; and/or
    2. analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
    3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
    4. enabling the collection of amounts outstanding in relation to the Services.
  5. Magic may give information about the Client to a CRB for the following purposes:
    1. to obtain a consumer credit report; and/or
    2. allow the CRB to create or maintain a credit information file about the Client including credit history.
  6. The information given to the CRB may include:
    1. Personal Information as outlined in 25.3 above;
    2. name of the credit provider and that Magic is a current credit provider to the Client;
    3. whether the credit provider is a licensee;
    4. type of consumer credit;
    5. details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
    6. advice of consumer credit defaults (provided Magic is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Magic has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
    7. information that, in the opinion of Magic, the Client has committed a serious credit infringement; and/or
    8. advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
  7. The Client shall have the right to request (by e-mail) from Magic:
    1. a copy of the Personal Information about the Client retained by Magic and the right to request that Magic correct any incorrect Personal Information; and
    2. that Magic does not disclose any Personal Information about the Client for the purpose of direct marketing.
  8. Magic will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 
  9. The Client can make a privacy complaint by contacting Magic via e-mail. Magic will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
  • Service of Notices
    1. Any written notice given under this Contract shall be deemed to have been given and received:
      1. by handing the notice to the other party, in person;
      2. by leaving it at the address of the other party as stated in this Contract;
      3. by sending it by registered post to the address of the other party as stated in this Contract;
      4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission; or
      5. if sent by email to the other party’s last known email address.
    2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
  • Trusts
    1. If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not Magic may have notice of the Trust, the Client covenants with Magic as follows:
      1. the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust, the trustees and the trust fund;
      2. the Client has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust, the trustees and the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      3. the Client will not during the term of the Contract without consent in writing of Magic (Magic will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
        1. the removal, replacement or retirement of the Client as trustee of the Trust;
        2. any alteration to or variation of the terms of the Trust;
        3. any advancement or distribution of capital of the Trust; or
        4. any resettlement of the trust fund or trust property.
  • Other Applicable Legislation
    1. At Magic’s sole discretion, if there are any disputes or claims for unpaid Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 (Victoria), Building and Construction Industry Security of Payments Act 1999 (New South Wales), Building Industry Fairness (Security of Payment) Act 2017 (Queensland), may apply.
    2. Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the any of the Acts listed in clause 28.1 (each as applicable), except to the extent permitted by the Act where applicable.
  • General
    1. Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues. 
    2. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    3. These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Services were provided by Magic to the Client however, in the event of a dispute that deems necessary for the matter to be referred to a Magistrates or higher court then jurisdiction will be subject to the courts of Victoria in which Magic has its principal place of business.
    4. Magic may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent provided the assignment does not cause detriment to the Client.
    5. The Client cannot licence or assign without the written approval of Magic.
    6. Magic may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Magic’s sub-contractors without the authority of Magic.
    7. The Client agrees that Magic may amend their general terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Magic to provide Services to the Client. 
    8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments, including but not limited to, any Government imposed border lockdowns, etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make a payment to Magic, once the parties agree that the Force Majeure event has ceased.
    9. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
    10. The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.
    11. If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract. 
     

Get in Touch

    Magic New Family Homes logo

    Magic New Family Homes & Magic Flippers is a leading construction companies specializing in building new homes and renovating existing properties in Melbourne. 

    Facebook-f Instagram Pinterest Linkedin

    Get In Touch

    Whittlesea VIC - 3757

    0418 561 220

    admin@magicnewfamilyhomes.com.au

    Useful Link

    Copyright © 2026 Magic New Homes & Flippers, All rights reserved.

    Design & Developed by Melbourne Web Digital.