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. If you have agreed to a package or have requested a sample project via email or website you have agreed to our terms and conditions.

Strictly Prohibited:

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

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

  Intellectual Property and Unauthorised Use of Materials

  7.1 Ownership of Intellectual Property

  All intellectual property rights (including copyright, design rights, and trade secrets) in any take-off data, spreadsheets, quantity templates, calculations, mark-ups, or documentation provided by Construction Estimate Pty Ltd (“Construction Estimate”) remain the sole and exclusive property of Construction Estimate, whether provided as part of a paid subscription, a quotation, or a Sample Project Estimate.

  7.2 Limited Purpose Licence for Sample Projects

  Where a Sample Project Estimate is provided to a prospective client for review or evaluation, Construction Estimate grants a non-exclusive, non-transferable, revocable licence to use that material solely for the purpose of evaluating Construction Estimate’s services.
  This licence does not permit the recipient to use, copy, or adapt any spreadsheet, data, or format for commercial, estimating, or operational purposes beyond that single sample review.

  7.3 Prohibition on Unauthorised Use

  If a recipient of a Sample Project Estimate (or any Construction Estimate data or spreadsheet) continues to use, reproduce, or apply that material in connection with other projects without an active subscription or written licence, such use shall constitute unauthorised use of intellectual property and a material breach of contract.

  7.4 Damages for Unauthorised Use

  For every project in which unauthorised use is identified, the recipient agrees to compensate Construction Estimate by paying:

  • An amount equal to the standard subscription fee applicable at the time of each unauthorised use; or

  • Where the unauthorised use results in commercial benefit, the estimated commercial value of the benefit derived,
    whichever is greater.

  Construction Estimate may also seek recovery of additional loss and damage, including reasonable legal and enforcement costs.

  7.5 Termination and Enforcement

  Construction Estimate reserves the right to terminate access, revoke licences, and pursue all available remedies (including injunctive relief and damages) to protect its intellectual property. Continued use of any Construction Estimate spreadsheet or derivative work without payment or written authorisation will be deemed acceptance of this clause and acknowledgment of liability for the values stated in Clause 7.4.
  
  

  Return and Destruction of Materials

  1. Upon termination of a subscription, expiry of a trial period, or completion of a Sample Project Estimate, the recipient must immediately cease all use of Construction Estimate materials and either:
     (a) return all copies of the spreadsheets, data files, and related materials to Construction Estimate; or
     (b) permanently delete the materials from all devices, storage systems, and backup locations.

  2. Construction Estimate may, at its discretion, require written confirmation or other reasonable proof that deletion has occurred. Such confirmation must be provided within 7 days of the request.

  3. Failure to provide satisfactory proof of deletion or continued use of the materials will be treated as unauthorised use under Clause 7.3 and subject to the remedies in Clause 7.4, including reimbursement for loss and damages.
     
     

     Responsibility to Delete and Provide Proof

     1. Any party that requests, downloads, or receives a Sample Project Estimate or any Construction Estimate file assumes full responsibility for securely managing that material.
        By accepting the file, the recipient acknowledges and agrees that:

        • The material remains the intellectual property of Construction Estimate Pty Ltd; and

        • The recipient must delete or return all copies immediately upon request, termination, or upon choosing not to proceed with a paid subscription.

     2. The recipient bears the burden of proof to demonstrate that deletion has occurred.
        Acceptable proof of deletion includes, but is not limited to:

        • A signed written declaration (electronic or physical) stating that all copies of the file have been permanently deleted and not transferred to any other party;

        • Screenshots or screen recordings showing deletion from local drives, cloud storage, email attachments, and backups; or

        • Confirmation from an IT provider or administrator certifying that the file has been removed from all systems.

     3. If Construction Estimate reasonably believes the file remains in the recipient’s possession or has been used in subsequent projects, Construction Estimate may request such proof of deletion.
        Failure to provide acceptable proof within seven (7) days of the request will be deemed unauthorised use under Clause 7.3 and will attract the damages and enforcement provisions of Clause 7.4.

     4. Continued possession or use of Construction Estimate material without written approval or active subscription constitutes ongoing infringement and will entitle Construction Estimate to seek damages for each project in which the material was used or retained.
        
        Clause 8 – Digital Tracking and Licence Verification
        Construction Estimate spreadsheets and digital tools may include licence-verification or tracking code for the sole purpose of protecting Construction Estimate’s intellectual property.
        These functions may collect limited technical information (such as username, device ID, or timestamp) each time a file is opened to confirm authorised use under a valid licence.
        By requesting, receiving, or opening any Construction Estimate spreadsheet, the recipient acknowledges and consents to this verification process.
        All data collected is used solely for licence validation and IP protection and is not shared with third parties.

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.

Use by Existing Estimating Companies – Compulsory Licensing & Profit Share Agreement”

Unauthorised Commercial Use of Sample Material
If you have requested, received, or accessed any Sample Project, demonstration file, or free example prepared by Construction Estimate, and subsequently use any component of that intellectual property—including methodology, formatting, quantity breakdown style, or pricing logic—in your own estimating, quoting, or project preparation work, the following will automatically apply:

By requesting or accessing any sample project, demonstration file, or example prepared by Construction Estimate, you acknowledge that you have obtained confidential knowledge of Construction Estimate’s proprietary systems, methods, and intellectual property (‘Confidential Knowledge’).
From the moment of access, you are deemed to have entered into a Commercial Licensing Agreement, whether or not you use or reproduce any materials.
You agree to remit 50% of all gross revenue derived from any estimating, quoting, or related project services performed within three (3) financial years of access, as that work may inherently benefit from Construction Estimate’s Confidential Knowledge.
You also agree to submit monthly certified revenue declarations within thirty (30) days of each month-end, supported by ATO-verified documentation

1. You are deemed to have entered into a Commercial Licensing Agreement with Construction Estimate.

2. Under this agreement, you agree to remit 50% of all gross revenue earned from any estimating, quoting, or related project services that utilise, in whole or in part, Construction Estimate’s intellectual property, systems, or formats, for a period of three (3) financial years from the date of breach.

3. You consent to Construction Estimate (or its appointed legal representatives) requesting verification of your estimating or contracting income via ATO-issued income statements or accountant-certified declarations for the relevant period, for the purpose of confirming compliance with the above revenue-sharing obligation.

4. Failure to comply or provide documentation upon request will constitute a material breach of contract and entitle Construction Estimate to seek:

   • Injunctive relief to restrain ongoing use;

   • Full recovery of unpaid licensing fees; and

   • Legal costs and damages associated with enforcement.

This clause applies regardless of whether the access was obtained under false pretences or through legitimate inquiry, and survives termination of any other agreement with Construction Estimate.

Revenue Reporting and Verification
All individuals or businesses who access Construction Estimate’s intellectual property, sample material, or deliverables and are deemed to operate under the Commercial Licensing Agreement must:

1. Submit a Monthly Revenue Declaration within thirty (30) days of the end of each calendar month, certified by their accountant or bookkeeper, detailing:

   • Total monthly revenue earned from estimating, quoting, or project preparation work;

   • The proportion of that revenue derived from the use of Construction Estimate’s intellectual property, systems, or formats; and

   • The corresponding amount payable under the 50% licensing fee obligation.

2. Provide ATO-verified documentation annually (e.g., Business Activity Statement (BAS), Profit & Loss Statement, or Accountant’s Declaration) to confirm the accuracy of monthly submissions.

3. Remit payment for each month’s licensing fee no later than thirty (30) days after the end of that month.

4. Failure to submit declarations or payments within the required timeframe constitutes a material breach of contract, giving Construction Estimate the right to:

   • Suspend or terminate access;

   • Recover unpaid licensing fees and damages; and

   • Initiate legal proceedings, including for injunctive relief and 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
  
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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