Last updated: 1 November 2024
Welcome to TimberTec, a SaaS platform designed to streamline timber takeoffs and project estimates for builders, contractors, and estimators. This website, located at https://timbertec.au, is owned and operated by TimberTec Pty Ltd, based in Melbourne, Victoria. By continuing to use this website, you agree to comply with and be bound by the following terms and conditions, along with our privacy policy, which together govern TimberTec Pty Ltd’s relationship with you. Please read these terms and conditions (“Terms”) carefully. Once you complete the online registration process, your membership will be activated, and you will be legally bound by these Terms.
Definitions
Agreement - Includes the Customer Information, Selected Options, Relevant Pricing, and these terms and conditions (as updated from time to time under clause 2).
Business Day - A day that is not a Saturday, Sunday, or public holiday in Victoria, Australia.
Customer - The customer named in the Customer Information.
Customer Information - Details provided by or on behalf of the customer during Registration, including name, email address, and any other contact information.
Commencement Date - The date the Customer completes Registration, as confirmed by the Supplier.
Confidential Information - Proprietary information, know-how, and data disclosed or made available by one party to the other, excluding information that:
- (a) is in the public domain;
- (b) is already known by the recipient;
- (c) is received in good faith from a third party;
- (d) is required by law to be disclosed.
Data - The Customer’s data entered and processed during the provision of the Service.
Intellectual Property - Includes all copyrights, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos, and similar property rights, whether registered or unregistered.
Permitted Users - Employees, directors, or contractors of the Customer not exceeding the Maximum Number, as specified on the Website.
Registration - Registration on the Website to receive Services.
Pricing - The pricing specified on the Website for Services or Selected Options.
Selected Options - Options chosen during Registration, such as service type, maximum users, or term of Service.
Service - The TimberTec service provided by the Supplier via the Website. Supplier - TimberTec Pty Ltd.
Systems - The software and equipment used by the Supplier to provide the Service.
Website - www.timbertec.au or any subdomains.
1. Terms and Conditions
1.1 The Customer agrees to the Terms in effect at the time of Service delivery. It is the Customer’s responsibility to check the Website for updated Terms. The Supplier may amend these Terms with one month’s notice on the Website. Continued use of the Service confirms acceptance of updated Terms.
2. Communications
The Supplier may contact the Customer via the Website, email, SMS, phone, or other means to provide important information about the Service and related products.
3. Charges and Payment
3.1 The Customer agrees to pay the Relevant Pricing for the Service as specified on the Website during Registration. Payments are required in full, without deductions. Monthly charges are billed monthly, and annual charges are billed annually.
3.2 Applicable taxes will be added to the Relevant Pricing.
3.3 If payment is overdue, the Supplier may suspend the Service until all outstanding amounts are paid.
3.4 The Supplier may change the Relevant Pricing with four weeks’ notice via email.
4. Term
4.1 The Agreement starts on the Commencement Date and may be terminated by the Customer through the cancellation process on the Website, effective at the end of the month in which the Supplier confirms receipt of the cancellation request.
4.2 Fixed-term services selected by the Customer will be provided for that term without early termination options.
5. Provision of Service
5.1 The Service is provided on a non-exclusive, non-transferable basis, with access enabled via log-in details provided by the Supplier.
5.2 The Supplier provides email support on Business Days between 8:30 am and 5:00 pm AEST.
5.3 The Customer must not:
- (a) copy, modify, reverse engineer, or alter the Systems;
- (b) permit unauthorized users;
- (c) resell, rent, or lease the Service;
- (d) use the Service in a way that damages the Systems;
- (e) use the Service inconsistently with its intended use.
5.4 The Supplier aims for 24/7 availability but cannot guarantee continuous access due to factors outside its control. Planned and emergency maintenance will be announced on the Website.
6. Data
6.1 The Customer warrants authority over the Data and is responsible for Data entry.
6.2 Ownership of Data remains with the Customer.
7. Intellectual Property
7.1 The Supplier retains ownership of all Intellectual Property related to the Service and Website.
8. Confidential Information
8.1 Confidential Information may not be disclosed except:
- (a) to employees as necessary for Agreement performance;
- (b) with written consent;
- (c) to professional advisors.
9. Warranties
9.1 Both parties warrant authority to enter into this Agreement. Other warranties are excluded to the extent permitted by law.
10. Termination
10.1 Either party may terminate for breach or insolvency.
10.2 Upon termination, all outstanding amounts are due immediately, and the Customer’s access to the Service ceases.
11. Liability
11.1 The Supplier’s liability is limited to the amount paid by the Customer in the preceding three months.
11.2 The Customer indemnifies the Supplier for claims arising from use of the Service.
12. Dispute Resolution
12.1 Disputes must be negotiated before commencing legal action.
12.2 If unresolved within a month, parties may pursue other remedies.
13. Consumer Guarantees
13.1 Statutory consumer guarantees do not apply if the Services are acquired for business purposes.
14. General
14.1 This Agreement is the complete and exclusive statement of the parties’ agreement.
14.2 The Supplier may suspend obligations due to uncontrollable circumstances.
15. Notices
15.1 Notices from the Supplier will be sent to the Customer’s registered contact details. Notices are deemed received when sent.
16. Governing Law and Jurisdiction
This Agreement is governed by the laws of Victoria, Australia, and disputes will be subject to the jurisdiction of Victorian courts.