These Terms and Conditions (the "Conditions") are the standard terms that apply to the provision of all services by Builder Bid Software LLC ("Builder Bid").
Except the context otherwise demands, the following expressions have the following
meanings in these Conditions: “Agreement” means the contract into which you and
Builder Bid will enter if you accept our Proposal; “Client” means you, anyone
accepting our estimate or Proposal, or placing an order with Builder Bid; “Proposal”
means the proposal Builder Bid sends to you detailing the Services we will offer you
and the relevant fees; “Services” means the Services Builder Bid will provide as
specified in the Agreement between the Parties; "Site" means the site where
construction is to take place for the Project; the "Platform" refers to both our website
and app; and "user content" refers to materials (such as text, images, audio, and
video materials) that you submit to this platform and when following Builder Bid on
social media for whatever purpose.
Each reference in these Conditions to:
a) "we", "us" and "our" means Builder Bid and includes all employees, agents, and
sub-contractors of ours;
b) “you” and “your” means the Client;
2. License to Use the Platform
Except otherwise specified, we or our licensors own the intellectual property rights
in the platform and the material on the platform. Subject to the license stated below,
all intellectual property rights in the platform are fully reserved. You may view,
download for strictly caching purposes, and print pages from the platform for your
own personal usage, subject to the restrictions outline below and elsewhere in these
Conditions. You must not, without first getting our permission in writing:
a) republish material from this platform (including republication on another
b) reproduce, copy, duplicate, or otherwise exploit material on this platform for a
commercial purpose; or
c) redistribute or use material from this platform except for content specifically and
expressly made available for use or redistribution.
3. Acceptable Usage
You must not use the Builder Bid platform in any manner that will or may cause any
damage to the platform or adversely affect the availability or accessibility of the
platform; or in any manner that is unlawful, fraudulent or harmful, or in line with
anyunlawful, fraudulent or harmful purpose or activity. You must not use the Builder Bid
platform to copy, store, publish, transmit, host, send, use, or distribute any material
consisting of (or is linked to) any computer virus, Trojan horse, spyware, keystroke
logger, rootkit, worm or other malicious computer software. You must not engage in
any sort of systematic or automated data collection activities (such as data
harvesting, scraping, data mining, and data extraction) on or regarding this platform
without our express written permission.
4. Restricted Access
Access to certain parts of this platform is restricted. Builder Bid reserves the right to
restrict access to other parts of this platform, or indeed this entire platform, at our
sole discretion. When creating an account to pay for or download documents from
our platform or to use our estimating portal, ensure you keep any username and
password confidential. You agree that you won't disclose your Account password to
anyone and you will notify us immediately of any unauthorized use of your Account.
You are responsible for all activities that occur under your Account, whether or not
you know about them. Builder Bid reserves the right to suspend or terminate any
user account without giving a reason and without being liable for compensation.
Builder Bid reserves the right to carry out platform maintenance as necessary and
will try to advise you of this in advance if possible.
5. User Content
You retain every right in all user content that you create while using the platform.
However, you grant to Builder Bid a worldwide, royalty-free, irrevocable, nonexclusive license to use, adapt, reproduce, translate, publish, and distribute your
user content in any current or future media. Also, you grant us the right to sublicense
these rights as well as the right to bring an action for the infringement of any of these
rights. Your user content must not be unlawful, must not infringe any third party's
legal rights, and must not result in any legal action, whether against you, us, or a
third party (in each case under any relevant law). You mustn't submit any user
content to the platform that is the subject of any threatened or real legal proceedings
or other related complaints. The responsibility for all user content belongs to the
user who published it. Builder Bid reserves the right to edit or remove any material
submitted to this platform. Nonetheless, Builder Bids does not undertake to monitor
the submission of such content to, or the publication of such content on, our platform.
6. Copyright Policy
Builder Bid shall, when requested, provide necessary documents as we are required
to under this Agreement. Copyright in all such documents shall remain ours, but
insofar as we can, we shall grant a royalty-free, non-exclusive license to you for youto use and reproduce the said documents for your own use solely. It shall be a
condition preceding the offering of such a license that all fees properly due to us
under this Agreement be paid in full.
We shall have no form of liability for the improper use of the documents except for
which they are prepared, or for modifications to the documents once they have been
offered to you, and you shall indemnify Builder Bid from and against any loss
resulting from any improper use or amendments.
You warrant and accept that any design or instruction given by you shall not cause
Builder Bid to infringe any letter patent, trademark, or registered design in the
execution of our Services.
Builder Bid may prepare and submit a Proposal to you. Or you may create a new
order through the website and pay per plan the typical rate of $0.25 per square foot,
minus any coupon code discounts applied, according to the conditioned square
footage of the plan you are requesting the estimate for. For example a 1,000 square
foot house plan will be charged at the rate of $250. This Proposal will set out the
Services to be carried out by us and the relevant fees. This will be provided via our
platform. Any price we offer will be valid for a period of 7 days except otherwise
specified, and our Proposal will constitute our whole scope of works or part works.
You may change the Proposal before you accept it.
By accepting our Proposal, or making an order with us, you accept these Conditions
and a legally binding Agreement incorporating these Conditions will be formed
between you and us.
Our Proposal is designed based on the information you give us at the time we
prepare it. Should any errors or discrepancies be found that affect our order value,
Builder Bid reserves the right to make changes to it at any time.
8. Cost Planning and Estimating Services
We aim to obtain a turnaround time of 3 to 7 days for our estimates but in cases of
high volume, completion of orders could take longer. This is usually subject to the
order being received on the same day and if necessary details are missing from the
initial order, such as the attached architectural plans or if specifications are not filled
out or are incomplete, the turnaround time will likely be subject to change.
Payment is required in full, upfront before Builder Bid will commence its Services.
We provide directional costs and opinions for construction activities, which you
should check alongside your specialty contractors and vendors and suppliers.
Estimating is an inexact science as material and labor rates fluctuate constantly in
the real world and realized costs are dependent on the exact contractors hired to do
the work, and the exact suppliers and materials used for the job.
You acknowledge and agree that the foregoing information, whether obtained
through Builder Bid’s software system or by manual work or by third parties, may be
inaccurate. We will try to deliver satisfactory accuracy, but the accuracy of our
takeoffs, cost figures, and estimates is not guaranteed. Builder Bid will state any
necessary assumptions and exclusions on the documents we send to you.
Builder Bid will provide a first draft of your estimate, requiring your feedback within
a period of 3 working days. It is your full responsibility to check the estimate at
every stage for any modifications you may require, alongside any errors or
omissions. Subject to availability, Builder Bid will try to make any modifications to
the estimate within a period of 3 working days of getting your comments. Kindly note
this will not include any design modifications.
Once the final draft is sent, any furthers modification demand, such as extra
documents or design modifications, will be subject to extra fees, chargeable at our
regular hourly rate which is to be agreed upon and paid in advance. Also, Builder
Bid may charge for modifications to your finished estimate required due to
inadequate information provided by you through plans, specifications, or other
details you provide.
All estimates are payable upon receipt of order / invoice.
Payments made via the platform will be made through an online payment gateway
provider, such as PayPal or Braintree. No credit or debit card data is provided to
Builder Bid, and the completion of each transaction will be subject to you accepting
the payment gateway’s terms and conditions. In this light, there is a separate
contractual relationship created between you and the payment gateway provider,
and Builder Bid cannot be held liable for any omissions, errors, actions, or incorrect
charges that may be made by such a third party.
10. Refund Policy
Builder Bid will often begin work as soon as the payment is made and, thus, reserve
the right to charge the full order value should you cancel your order at any given
time after our Proposal is accepted. We do not offer any refund for any payment
made, whether or not the client decides to cancel the service. We will always ensure
we fulfill our part of the agreement to the best of our abilities, and with respect to the
requirements and information provided to us at time of order submission.
11. Client’s Obligations
You are responsible for:
a) providing Builder Bid with all relevant information that is necessary for us to
execute our Services to you. Such information includes filling out the Specificationsquestionnaire, full design information, architectural drawings and plan documents,
local code requirements, information about the building site, and any information
regarding the Site or construction work, which Builder Bid will rely upon in
executing its Services;
b) ensuring that any reasonable instructions issued to us are compatible with the
specification of the Services provided in our Proposal;
c) ensuring that if any consents, licenses or other permissions are demanded from
any third parties, such as clients, local authorities, planning authorities, or similar
authorities, these have been obtained by you before Builder Bid begins its Services;
d) providing Builder Bid reasonably and time with any decision, consent or any
other communication Builder Bid may require to continue providing its Services at
If you don't comply with any of your responsibilities outlined above, Builder Bid will
not be held liable for any ensuing delays, and Builder Bid reserves the right to
recover any costs we incur.
This platform may include links to other websites. The links are provided mainly for
further information. They don't signify that Builder Bid endorses the website(s).
Builder Bid has no responsibility for the content of any linked website(s). You may
not create any link to this platform from another website or document without our
prior written consent.
13. Force Majeure
Neither party of this agreement will be liable for any failure or delay in executing
their obligations where such failure or delay is owing to any cause beyond the
reasonable control of either party. Such causes include power failure, civil unrest,
internet service provider failure, industrial action, flood, storms, earthquakes, fire,
acts of terrorism, governmental action, war, or any other event beyond the control of
14. No Warranties
Builder Bid does not warrant the completeness or accuracy of the information
published on this platform or of the information included in the takeoff and estimate
deliverables; nor commit to ensuring that the platform remains available or that the
materials on the platform are kept up-to-date. Whilst every effort is done to keep the
platform up and running smoothly, Builder Bid does, nonetheless, exclude any
liability to you in the event that the platform and/or any of the related resources are
not available to you at any specific time. To the highest extent permitted by
applicable law, Builder Bid excluded all representations, warranties, and conditionsrelating to this platform and its use (including any warranties implied by law of
satisfactory quality, fitness for any purpose, and/or the usage of reasonable care and
15. Limitations of Liability
Nothing in these Conditions will limit our or your liability for death or personal injury
as a result of negligence; limit our or your liability for fraud or fraudulent
misrepresentation, or limit any of our or/and your liabilities in any manner that is not
permitted under relevant law (including your rights as a consumer). Where any
information on the platform is provided free-of-charge, Builder Bid will not be liable
for any loss or damage whatsoever. In no event shall Builder Bid be liable for any
injury, loss, or expense howsoever arising from your implementation and/or use of
any of the subject matter taken from our platform. Builder Bid will not be liable to
you in the event of any business losses, including loss of or damage to profits,
business, income, revenue, production, use, anticipated savings, contracts,
goodwill, or commercial opportunities. Builder Bid will not be liable to you
regarding any loss or corruption of any software, data, or database. Builder Bid will
not be liable to you regarding any consequential, special, or indirect loss or
Limitation of Liability:
Builder Bid accepts no liability whatsoever for any loss or damage you may incur
due to any inaccuracy, misdescription, or any other errors in the information you
supplied. Builder Bid assumes no liability for any modifications due to Site
conditions, whether stated at the time of the order was made or otherwise, nor for
any issues beyond our control regarding the Project.
Neither Builder Bid nor any other party involved in creating, producing, or
delivering the services or content will be liable for any incidental, special,
exemplary or consequential damages, or damages for lost profits, lost revenues, lost
savings, lost business opportunity, loss of data or goodwill, service interruption,
computer damage or system failure, or the cost of substitute services of any kind
arising out of or in connection with these terms or from the use of or inability to use
the services or content, whether based on warranty, contract, tort (including
negligence), product liability or any other legal theory, and whether or not the
Builder Bid or any other party has been informed of the possibility of such damage,
even if a limited remedy set forth herein is found to have failed of its essential
purpose. Some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, so the above limitation may not apply to you.
In no event will Builder Bid’s total liability arising out of or in connection with these
terms or from the use of or inability to use the services or content exceed the
amounts you have paid to Builder Bid for the use of the services.
You hereby indemnify Builder Bid and undertake to keep us indemnified against any
damages, losses, costs, expenses, and liabilities (including legal expenses and any
amounts paid by us to any third party in settlement of a claim or dispute based on
the advice of our legal advisers) incurred by Builder Bid due to any breach by you of
any provision of these Conditions.
17. Breaches of these Conditions
Without any prejudice to any other rights under these Conditions, if you breach
these Conditions in any way, Builder Bid may take such action as we deem fit to deal
with such breach, including prohibit you from accessing the platform, block any
computer using your IP address from accessing the platform, contact your internet
service provider so as to ask them to block your access to the platform and/or bring
court proceedings against you.
No failure by either party to execute the performance of any provision in this
Agreement shall constitute a waiver of such right to subsequently execute that
provision or any other provision of this Agreement. Such failure shall not be
considered as a waiver of any preceding or subsequent breach and shall not be
deemed as a continuous waiver.
If one or more of the provisions of this Agreement is found to be unlawful, invalid or
otherwise unenforceable, such provisions shall be deemed severed from the
remaining parts of this Agreement. The remaining parts shall stay valid and
20. Governing Law and Jurisdiction
These Conditions and the Agreement shall be governed by and construed in
accordance with the laws of the United States, and any dispute shall fall within the
exclusive jurisdiction of the U.S. courts.
We may revise these Conditions from time to time. The revised Conditions will
apply to the use of our platform from the date of the publication of the revised
Conditions on our platform. Ensure you check this page regularly to be aware of the
In the event that you have any questions or inquiries about these Conditions or any
aspect of our Services, please write to us by email to Bo@BuilderBid.com or by
telephone to +1 501-777-8279