The Client and bimco agree that they have read and understood and agree to be bound by the following Terms and Conditions which form the “Agreement”.
1. Definitions
Defined terms used in the agreement:
“BIM” means Building Information Modelling. BIM involves using computing technology to create a virtual representation of a building with the intention of using it for design, analysis, construction, coordination or management.
“BIM Content” means the files used for BIM as provided by bimco and includes Autodesk Revit Families (.rfa files) and Templates (.rft files) in a version determined by bimco.
“Primary Office Location” means the Client’s address as specified in this agreement.
“Business hours” means the time between 9am and 5pm for any day that is not a bimco office closure period, a Saturday, a Sunday or a public holiday in the state of Victoria, Australia.
“Timely Manner” means bimco will respond within 15 minutes for 95% of queries within business hours. Any out of hours queries are to be phoned through for confirmed immediate response otherwise they will be responded to when business hours resume.
Urgent items or items preventing the project from progressing and team from continuing work will have a resolution plan within 1 hour and be prioritized to be completed with a target resolve of 4 hours for 80% of queries
Support item urgencies are determined based on the facts and circumstances of each individual case.
2. Term and Termination
This Agreement will commence on Agreement Effective Date as outlined in the Proposal. Prior to receiving signatures from all required signatories, the details within this Agreement are valid for 14 days. The Agreement Term is for a period of twelve (12) months from the Agreement Effective Date (“Agreement Term”) after which point a new Agreement may be offered for renewal or in the absence of renewal the Agreement Term will automatically extend on a monthly basis until either party terminates the agreement. The Client may not terminate this Agreement earlier than twelve (12) months from the Agreement Effective Date. bimco may suspend or terminate services if payments are not received by the due date.
3. Description of Subscription Services
Services listed within clauses 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 form part of the bimco Subscription (“Subscription”) and are included in the Subscription Fee for the duration of this Agreement Term to the Client’s named employees in Appendix A (“Subscribed Users”) only. The names of Subscribed Users may be changed upon agreement with bimco but may not exceed the number of Subscription Users as agreed in the Proposal unless additional Subscribed Users are agreed to be added by both bimco and the Client.
3.1 Subscription BIM Management
3.1.1 Implementation guidance for new and existing BIM software which involves researching and recommending BIM software or applications.
3.1.2 BIM induction meeting with subscribed users to explain the bimco subscription services.
3.1.3 Guidance for strategies for future improvement of BIM.
3.1.4 Provision of bimco BIM Management Plan, BIM Technical Appendix and Project BIM Brief templates.
3.2 Subscription BIM Support
3.2.1 Provide on demand remote assistance via instant messaging software, remote login and phone where required/ possible about the use of BIM software, workflows, processes, troubleshooting and management (“BIM Support”) during business hours.
3.2.2 Respond to all BIM Support queries within a timely manner.
3.2.3 Support requests by the client are unlimited and bound by fair usage. The fair usage for support is restricted to 10 tickets / user / month. Should the client exceed the fair usage support requests, then bimco may delay support at their discretion. Support request allowances do not accumulate or roll over to new months.
3.3 Subscription BIM Content
3.3.1 Grant access to the database of shared BIM Content (“bimco Library”) which is accessible via a content hosting software at bimco’s discretion.
3.3.2 Create or modify BIM Content that is not unique to a Client or Client’s project as requested which will form part of the bimco Library unless developed exclusively for the Client as an additional service as determined by bimco or requested by the Client.
3.3.3 Make exclusively available to the Client any BIM Content created under Additional Services.
3.3.4 Provide recommendations for purchase of bimco approved third-party developed BIM Content.
3.3.5 Make available approved third-party developed free BIM Content.
3.3.6 Content creation requests by the client are restricted to 1 item / user / month. bimco may refuse creation of content beyond this at their discretion. Content request allowances do not accumulate or roll over to new months.
3.4 Subscription BIM Standards
3.4.1 Provide written guides, standards and workflows (“BIM Standards”) for the use of bimco approved BIM software including Autodesk Revit.
3.4.2 Review and update BIM Standards as a result of research and development by bimco into industry practice.
3.4.3 Create, modify or reject with reason any requested modification to BIM Standards as reasonably requested by Subscribed Users within a timely manner.
3.5 Subscription BIM Training
3.5.1 Provide training sessions which will be delivered online for the Client’s Subscribed Users at a time determined by bimco.
3.5.2 Any required hardware and software to participate in training is the responsibility of the Client.
3.6 Subscription BIM Analysis
3.6.1 Provide recommendations for the use of BIM analysis workflows on projects which involves sharing research or opinions about BIM software or applications that may increase efficiency or quality of deliverables for the Client.
3.7 Subscription BIM Software
3.7.1 Provide recommendations for the use of BIM software which involves sharing research or opinions about BIM software or applications that may increase efficiency or quality of deliverables for the Client.
4. Description of Additional Services
Services listed within clauses 4.1, 4.2, 4.3, 4.4, 4.5, 4.6 and 4.7 (“Additional Services”) do not form part of the Subscription and are charged in accordance with this Agreement’s Additional Services Fees. Additional Services are available to all employees of the Client for an additional fee.
4.1 Additional BIM Management
4.1.1 Attending and preparation for Client’s project meetings as a BIM Manager representative.
4.1.2 Create or modify BIM documents such as BIM Management Plans, BIM Technical Appendices and Project BIM Briefs that are unique to a Client or Client’s project.
4.2 Additional BIM Support
4.2.1 Provide BIM Support outside of business hours.
4.2.2 Provide in person BIM Support
4.2.3 Actively document, draft, model, setup or coordinate for Client projects.
4.3 Additional BIM Content
4.3.1 Create or modify BIM Content that is unique to a Client or Client’s project as requested (“Client Content”).
4.3.2 Make exclusively available to the Client any Client Content via a content hosting software at bimco’s discretion.
4.3.3 Create or modify Client Content as reasonably requested by employees of the Client within a timely manner.
4.4 Additional BIM Standards
4.4.1 Prepare written guides, standards and workflows (“Client Standards”) for exclusive use by the Client.
4.4.2 Review and update Client Standards as a result of research and development by bimco into industry practice and Client internal processes.
4.4.3 Create, modify or reject with reason any requested modification to Client Standards as reasonably requested by employees of the Client within a timely manner.
4.5 Additional BIM Training
4.5.1 Provide additional training sessions beyond the Subscription in person or online.
4.5.2 Prepare and provide electronic copies of any training guides that relate to training conducted.
4.6 Additional BIM Analysis
4.6.1 Checking, reviewing and reporting of adherence to BIM Standards for BIM Models.
4.6.2 Checking for apparent non-compliance with BIM standards including clash detection on projects.
4.6.3 Running simulations, extracting data and preparing reports including simulations for daylighting, energy or wind studies.
4.7 Additional BIM Software
4.7.1 Installation and setup of software including setting up Autodesk deployments.
4.7.2 Assistance with BIM software licencing.
4.7.3 Virtual or augmented reality research, setup or implementation.
4.7.4 Programming or scripting for BIM software.
5. General Conditions
5.1 The Client is required to pay for any travel, accommodation and meal expenses related to delivery of any services including hourly fees as set out in the Fee Schedule for hours worked which are not at the Primary Office Location.
5.2 This agreement shall supersede all prior agreements, oral or written.
5.3 If any part of this Agreement becomes invalid, the remaining parts shall remain in effect unless the Agreement is terminated.
6. Software
6.1 bimco services require the use of other third-party software (“Required Software”). All costs associated with obtaining, installing, setup or using other third-party software is the Client’s responsibility and any licencing or agreements are exclusively between the Client and the software provider.
6.2 bimco will specify or supply links for the Required Software to access subscription services. Required Software may include Autodesk Revit (www.autodesk.com.au), Kinship (kinship.io), Slack (www.slack.com), Zoom (www.zoom.us) and Microsoft OneDrive (www.onedrive.com) unless otherwise determined by bimco.
6.3 The Client acknowledges that a failure to obtain, install or maintain Required Software will result in some services being unavailable to them.
6.4 bimco accepts no liability or responsibility for any loss or damage whatsoever suffered as a result of direct or indirect use or application of any software.
7. Liability
7.1 bimco acknowledges and agrees that the Professional Services and Deliverables will be provided with reasonable care and skill.
7.2 To the maximum extent permitted by law, bimco is not liable to the Client in any circumstances for any indirect, economic, special or consequential loss, or in any event for any loss of revenue, loss of production, loss of profit or loss of data.
7.3 Force majeure. Neither party shall be liable for any failure to perform its obligations (other than obligation to make payment) under this agreement if prevented from doing so by a cause beyond its reasonable control.
8. Intellectual property rights and data collection
8.1 All Intellectual Property Rights for Subscription items will remain the exclusive property of bimco.
8.2 To the maximum extent permitted by law, the Client must not:
8.2.1 reverse engineer, decompile or disassemble the whole or any part or create derivative works based on the Subscription items
8.2.2 permit or enable unauthorised access or use of the Subscription items or accompanying written materials by third parties, or
8.2.3 directly or indirectly allow or cause a third party to do any of those things, without bimco’s prior written consent.
9. Schedule of Fees
9.1 Additional Services Fees
Additional Services $180 per hour
BIM Content Additional Services $80 per hour
Existing user switching fee Free once per calendar year then $120 per instance
9.1.1 All figures are excluding GST. Subscription fees are payable in advance in monthly installments by Direct Debit with the first installment due on the Agreement Effective Date. Additional Services are charged in half hour blocks or part thereof.
9.1.2 A single named subscribed user can be switched free of charge once in a calendar year at a fee per instance which includes deactivating + reactivating accounts, software setup and induction training.
9.1.3 Additional subscribers are charged at a pro-rata rate of instalments. If subscribers are added or removed from the contract resulting in moving between pricing tiers, adjustments of credit or deductions are applied for payments made in advance on unused portions of the contract term.
9.1.4 All users require access to a content hosting software defined by bimco to access BIM Content which is an additional fee and separate contract.