Terms and Conditions

Effective Date: 14/04/2025

These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Construction Estimate (“we”, “us”, or “our”) via www.constructionestimate.com.au (“Website”). By accessing or using our services, you (“Client”, “User”, or “you”) agree to be bound by these Terms.


1. Services Provided

Construction Estimate provides estimating and quoting services for construction-related projects. These services may be based on plans or documents sourced by you or retrieved from third-party tender platforms. All documentation and outputs are prepared exclusively for your internal business use.


2. Use of Third-Party Tender Information

We may utilize publicly available or third-party project information platforms to support the preparation of your project estimates.

By engaging our services, you expressly agree that:

  • You are solely responsible for ensuring you hold valid access rights or subscriptions to any third-party platforms related to your requested work;

  • Construction Estimate does not distribute, resell, or republish any third-party platform content;

  • Construction Estimate is not liable for any restrictions or losses resulting from changes in third-party access rights or revocation of usage permissions.


3. Limitation of Liability and Accuracy Disclaimer

Construction Estimate exercises reasonable care and applies industry-standard methods in preparing estimates and quantity breakdowns. However, due to the interpretive nature of estimating:

  • All quantities, measurements, specifications, and prices are indicative only and should be independently verified by the client;

  • We do not guarantee the completeness or fitness for any particular purpose of any estimate provided;

  • Construction Estimate disclaims all liability for any direct, indirect, consequential, or financial loss resulting from use, reliance, or misinterpretation of our estimates;

  • You agree to use our services at your own risk and release us from all claims related to your tender submissions, business decisions, or contractual dealings.


4. Intellectual Property and Process Protection

All materials, methodologies, workflows, templates, and systems used or produced by Construction Estimate are protected intellectual property.

Strictly Prohibited:

  • Replicating or reverse-engineering our quoting systems or outputs;

  • Using our estimates or deliverables to create a competing service.

Non-Compete Clause:
By accessing our platform, estimates, or deliverables, you agree not to engage in or assist any business offering similar quoting systems or services for a period of two (2) years following the end of your subscription or purchase, within Australia.

Violations will result in legal action including injunctive relief, damages, and recovery of legal costs.


5. Fair Use and Client Obligations

You agree to use our services solely for internal business use. You may not:

  • Resell or redistribute our estimates;

  • Provide our deliverables to third parties without consent;

  • Misrepresent the origin of the content we deliver.

  • You are signed up to e1, tender link

6. Service Availability and Changes

We may modify, suspend, or discontinue any part of our services at any time, including as a result of changes in access to external data or platform dependencies. No liability shall arise from any such change, interruption, or suspension.


7. Governing Law and Dispute Resolution

These Terms are governed by the laws of Victoria, Australia.

Any disputes will be resolved exclusively in the courts of Victoria. Prior to initiating legal action, both parties agree to attempt resolution through good-faith negotiation or mediation.


8. Contact Us

For questions, legal notices, or disputes related to these Terms, contact:

Email: [email protected]
Website: www.constructionestimate.com.au


Refund and Cancellation Policy

Effective Date: 14/04/2025

By subscribing to or purchasing services from Construction Estimate, you agree to the following commercial terms.


1. Subscription Commitment

All subscriptions are for a minimum fixed term of twenty-four (24) months from the activation date (“Commitment Period”).

If you cancel before the end of this Commitment Period, the remaining balance becomes immediately payable in full, unless otherwise agreed in writing. You cannot revoke, withdraw, or deny acceptance of these terms once you agreed to terms and conditions when completing a purchase/subscription.


2. 14-Day Money-Back Guarantee

You may cancel within the first 14 days of activation for a full refund, provided:

  • You submit a written request to [email protected];

  • You include a valid reason for dissatisfaction;

  • You have not received or accessed more than two (2) project estimates during the 14-day period.

Refunds will be processed via your original payment method within 14 business days, subject to eligibility verification.


3. Monthly Subscription Billing

  • Subscriptions are billed monthly in advance.

  • You may request cancellation at any time, but it becomes effective only at the end of the Commitment Period.

  • No refunds are issued for partial months, unused time, or cancellations outside the 14-day window.


4. Cancellation Procedure

All cancellations must be submitted in writing.

To cancel your subscription, you must:

  • Email [email protected] with your name, company name, and subscription reference;

  • Provide a written explanation for cancellation;

  • Acknowledge that cancellation becomes effective only after the Commitment Period ends.

We reserve the right to reject incomplete or non-compliant cancellation requests.


5. Project-Based Services

Quotes or estimates are non-refundable once initiated or delivered.

If cancellation occurs before commencement, a partial refund may be issued at our sole discretion, minus any applicable administrative fees.


6. Discretionary Refunds

Refunds issued outside the scope of this policy are granted solely at our discretion and may be subject to:

  • Deductions for time, platform access, or work already completed;

  • Administrative and processing costs.


 

Binding Agreement 
 
By proceeding with any purchase, order, or use of services from Construction Estimate, you acknowledge and agree that:
 
Your acceptance of these Terms and Conditions constitutes a legally binding agreement between you (the Client) and Construction Estimate;
 
This agreement is immediately effective upon acceptance and applies to all future interactions with Construction Estimate, including one-off purchases and ongoing services;
 
You cannot revoke, withdraw, or deny acceptance of these Terms once submitted through checkout or order confirmation processes;
 
Any breach of these Terms, including the non-compete, intellectual property, or usage restrictions, may result in legal action including injunctive relief and recovery of damages.

Existing Businesses & Conflicting Activities
 
By agreeing to these Terms and Conditions, you represent and warrant that:
 
1. You are not currently operating a business, service, or platform that offers construction estimating, quoting, or tender preparation services that are in competition with Construction Estimate;
 
 
2. If you do operate such a business, you must disclose this in writing prior to purchase;
 
 
3. Upon acceptance of these Terms, you agree to immediately cease any such competing activity, or you may be subject to legal enforcement, including a demand to:
 
Suspend or terminate conflicting business activity;
 
Refrain from using or integrating any information, logic, formats, or workflows obtained from Construction Estimate;
 
Compensate Construction Estimate for damages, losses, and legal costs arising from the breach.
 
 
 
 
Failure to disclose existing conflicts or comply with these obligations constitutes a material breach of contract.

  
Use by Existing Estimating Companies – Compulsory Licensing & Profit Share Agreement
 
By purchasing any product or service from Construction Estimate, whether in your personal name, business name, or through a third party, you acknowledge and agree to the following:
 
1. If you currently own, operate, or are employed by a business that offers construction estimating, quoting, tender breakdowns, or takeoff services, you are deemed an active competitor;
 
 
2. By proceeding with any purchase, you automatically enter into a Compulsory Commercial Licensing Agreement with Construction Estimate, under which you agree to:
 
Pay Construction Estimate 20% of all gross revenue generated from any services, documents, or deliverables derived (in whole or part) from our quoting system, templates, logic, format, or processes;
 
This payment obligation applies to all estimating activity conducted for your own clients, for a period of twenty-four (24) months from the date of purchase or access.
 
 
 
 You must nominate a licensed accountant or registered tax agent to act on your behalf, and lodge a monthly revenue declaration confirming:
 
Total monthly revenue earned from quoting or estimating activity;
 
A breakdown of any projects or clients where Construction Estimate IP was used;
 
Calculation and remittance of the applicable monthly license fee (20%).
 
 
 
Failure to lodge monthly reports or make full payments will be considered a material breach of contract, and Construction Estimate reserves the right to:
 
Initiate recovery of unpaid fees and damages;
 
Issue an injunction against your business operations;
 
Seek full reimbursement of legal and enforcement costs.
 


Contact for Cancellations or Refunds:

Email: [email protected]
Website: www.constructionestimate.com.au

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