BUILDER BID TERMS AND CONDITIONS
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").
1. Definitions
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 platform);
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.
7. Proposal
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.
9. Payments
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 any time;
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.
12. Links
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 either party.
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 skill).
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 damage.
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.
16. Indemnity
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.
18. Waiver
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.
19. Severance
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 enforceable.
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.
21. Change
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 current version.
22. Contact
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