Service Agreement

IMPORTANT-READ CAREFULLY AS YOUR USE OF THE SOFTWARE AND CONTENT (THE "SERVICES") IS CONDITIONAL UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.


Important: Read carefully. By accepting a proposal to open an account on Buildaform or by utilizing the Buildaform services you agree to be bound by these Terms and Conditions.

This is a legal agreement (“Agreement”) between You and Buildaform Pty Ltd (Buildaform) for use of the Buildaform Services which You selected or initiated. “You” refers to the individual who has commenced using the Services and/or has or provided Buildaform his or her credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorized to purchase the Services on behalf of such entity, then “You” refers to such entity. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. SERVICES

Buildaform will provide the Services in accordance with this Agreement and as detailed in Your Proposal. Buildaform may at its sole discretion modify the features and functionality of the Services from time to time without prior notice.

2. LICENCE GRANT and RESTRICTIONS

Buildaform hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Buildaform.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that which violates  third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

3. YOUR RESPONSIBILITY

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Buildaform immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Buildaform immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another user or provide false identity information to gain access to or use the Service.

4. ACCOUNT INFORMATION AND YOUR DATA

Buildaform does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Project data. Buildaform will use best endeavors to maintain Project Data but shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Project Data . In the event this Agreement is terminated (other than by reason of your breach), Buildaform will make available to you a file of the all final PDF files on your Project Files within 30 days of termination if you so request at the time of termination. Buildaform reserves the right to withhold, remove and/or discard Project Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Project Data immediately ceases, and Buildaform shall have no obligation to maintain or forward any Project Data.

5. CHARGES.

Unless specified to the contrary in your Proposal Buildaform, a file or inspection credit purchased on Buildaform will be valid on the system for a period of 2 years from the date of opening of the file/inspection. At the end of the 2 year period you may either download files/documents/reports from Buildaform or pay Buildaform additional fees for long term electronic file storage. The maximum amount of additional file attachments to be stored per file is 2MB.

You agree that Buildaform may charge to Your credit card or other payment mechanism selected by You and approved by Buildaform (“Your Account”) all amounts due and owing for the Services, including , set up fees, project file charges, additional inspection fees and yearly licencing fees for Buildaform Mobile. During your use of the Services Buildaform, unless specified to the contrary in your contract may change the prices with 30 days prior notice and when purchasing new project files or completing additional inspections you will be charged at the amended prices. Buildaform fees are exclusive of GST and GST will be charged on all Services. Should payments be outstanding to Buildaform for inexcess of 60 days then Buildaform reserves the right to prevent access to your account.

6. INTELLECTUAL PROPERTY

Buildaform shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Buildaform Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Buildaform Technology or the Intellectual Property Rights owned by salesforce.com. The Buildaform name, the logo, and the product names associated with the Service are trademarks of Buildaform and no right or license is granted to use them.

7. password & security

As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Buildaform of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.

8. TERMINATION

You may terminate this Agreement by providing written notice to Buildaform via e-mail to support@buildaform.com.au. Such termination will be effective within 30 days of the notice being received by Buildaform. During this time it is your obligation to download all final PDFs on the Service. At the expiry of 30 days Buildaform will remove all content, images and data from the Service and close user accounts. Any remaining file credits will be forfeited. Sections 6 and 2 shall survive any termination of this Agreement. Buildaform reserves the right to terminate this agreement with 60 days notice.

9. INJUNCTIVE RELIEF

You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Buildaform under such circumstances Buildaform will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

10. WARRANTIES

Buildaform make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability or fit for purpose , availability, accuracy or completeness of the service or any content. Buildaform does not represent or warrant that (a) The use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) The service will meet your requirements or expectations,  (c) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations (e) By using the templates provided you will comply with relevant statutory requirements. The service and all content is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Buildaform.

11. LIMITATION OF LIABILITY.

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. in no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

12. INTERNET DELAYS

Buildaform’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Buildaform is not responsible for any delays, delivery failures, or other damage resulting from such problems.

12. MISCELLANEOUS

12.1 Choice of Law and Forum.
This Agreement shall be governed by and construed under the laws of the NSW Australia.

12.2 Notice.
Buildaform reserves the right to amend these Terms at any time effective by posting an updated version of the Terms on Buildaform.com.au. You are responsible for reviewing this document.

12.3 General Provisions.
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter.

12.4 Assignment
You may not assign your rights and obligations under this agreement without prior written consent of Buildaform.

12.5 Privacy and Security.
Buildaforms Privacy and Security Policies may be viewed at Buildaform.com.au

12.4 Definitions:

  • "Agreement" means these online terms of use;
  • "Content" means the visual information, documents, certificates, reports, checklists, forms software, products and services contained or made available to you in the course of using the Service;
  • "Project Data" means any data, information, plans, diagrams, photos or other material provided or submitted by you to the Service in the course of using the Service;
  • "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service;
  • "Service(s)" means the specific Buildaform product you have purchases and includes the database, templates, email service, Mobile Phone software application and other software provided by Buildaform as detailed in Buildaform.com.au and outlined in your proposal;
    • "Proposal”- means the written letter which outlines your account details, product pricing and any other such services Buildaform will offer to users.

Contact details

Email: Send email
Telephone: +61 2 9949 9030
Fax: +61 2 9907 6344