Terms and Conditions

1.Application

1.1These Terms and Conditions govern all engagements between Builder Intelligence Pty Ltd (ACN 700 067 929, ABN 26 700 067 929) (“Builder Intelligence”) and the Client for the provision of pre-construction advisory services.

1.2By accepting a proposal, or by paying a deposit or engagement fee, the Client agrees to be bound by these Terms and Conditions.

1.3These Terms and Conditions apply to all Builder Intelligence service offerings, including the Feasibility Visit, Pre-Design, Foundation, Benchmark, Cost Realignment and Tender Support.

2.Services

2.1Builder Intelligence will provide the services described in the relevant Proposal or engagement instrument issued to the Client.

2.2All services are advisory in nature. Builder Intelligence does not provide quantity surveying, structural or other engineering, legal, financial, building certification or other professional services outside the scope of pre-construction cost advisory.

2.3Cost positions, ranges and assessments provided by Builder Intelligence are informed advisory outputs based on available documentation and market knowledge at the time of assessment. They are not guarantees of tender pricing, construction costs or project outcomes.

2.4The accuracy of Builder Intelligence’s outputs depends on the completeness and accuracy of documentation and information provided by the Client. Builder Intelligence accepts no liability for outputs produced on the basis of incomplete, inaccurate or misleading information.

3.Nature of Advisory Services

3.1Builder Intelligence’s outputs are directional and advisory. They are intended to support the Client’s own decision-making and do not replace the Client’s responsibility to obtain independent professional advice (including quantity surveying, engineering, legal, financial and building certification advice) where appropriate.

3.2Builder Intelligence does not carry out or supervise construction work and is not responsible for the acts, omissions, pricing or performance of any builder, contractor, consultant or other third party.

4.Reliance on Third Party Information

4.1Builder Intelligence may rely on information, drawings, quotes, reports and documentation prepared by the Client or by third parties (including architects, engineers, builders and other consultants). Builder Intelligence does not independently verify such information and accepts no liability for errors, omissions or inaccuracies within it.

5.Use of Technology

5.1Builder Intelligence uses proprietary systems and technology, which may include artificial intelligence tools, to assist in preparing its advisory outputs. All outputs are subject to Builder Intelligence’s professional judgement and review. Client project information is handled in accordance with clause 8 (Confidentiality).

6.Fees and Payment

6.1Fees are as set out in the relevant Proposal or engagement instrument. Builder Intelligence Pty Ltd is not registered for GST; fees are GST-free and no GST is charged.

6.2For flat-fee products, a deposit of 50% of the fee is payable prior to commencement and the balance prior to delivery. For the Feasibility Visit, the fee is payable in full to confirm the booking.

6.3For scaled products, a deposit equal to 50% of the base fee is payable to commence; the balance is invoiced once the construction cost, and therefore the total fee, is established.

6.4Work will not commence until the deposit or booking payment is received, and final reports or outputs will not be delivered until payment for the relevant stage is received.

6.5Payment may be made via the Stripe payment link or bank transfer specified. A tax invoice carrying Builder Intelligence’s ABN is issued on payment.

6.6Invoices not paid by the due date may incur interest at 2% per month on the outstanding amount.

7.Cancellation

7.1The Client may cancel an engagement at any time by written notice to Builder Intelligence.

7.2If work has commenced at the time of cancellation, the deposit or booking payment is non-refundable.

7.3If work has not commenced and written notice is received prior to commencement, Builder Intelligence will refund the deposit in full within 10 business days.

7.4Work is deemed to have commenced upon the first substantive review of project documentation, or (for the Feasibility Visit) upon attendance at the site.

7.5If the Client cancels after commencement and work beyond the deposit value has been completed, Builder Intelligence reserves the right to invoice for the additional work at its standard rates.

8.Confidentiality and Intellectual Property

8.1Builder Intelligence treats all project information provided by the Client as confidential and will not disclose it to third parties without the Client’s prior written consent, except where required by law.

8.2All reports, documents, methodologies, frameworks, cost libraries, templates and outputs produced by Builder Intelligence remain the intellectual property of Builder Intelligence.

8.3Reports delivered to the Client are licensed for the Client’s own use in relation to the specific project for which they were produced. This licence is non-transferable.

8.4The Client must not share, reproduce, distribute, publish or disclose any Builder Intelligence report, document or output to any third party without Builder Intelligence’s prior written consent. This includes sharing with builders, contractors, other consultants or financiers not named as a recipient in the relevant Proposal.

8.5The Client must not use any Builder Intelligence output as the basis for a report or document produced by or attributed to another party.

8.6With the Client’s consent, Builder Intelligence may refer to the engagement in de-identified form for marketing purposes. No Client name or project address will be published without consent.

8.7Breach of clauses 8.2 to 8.5 may result in immediate termination of the engagement, and Builder Intelligence reserves the right to seek damages.

9.Independence

9.1Builder Intelligence provides independent advice. Where it facilitates introductions to builders or holds relationships within its network, it presents comparison and analysis only; it does not receive a fee from any builder for the award of a contract, and does not recommend which builder the Client should select. Any material relationship will be disclosed to the Client.

10.Limitation of Liability

10.1To the maximum extent permitted by law, Builder Intelligence’s total liability to the Client in connection with any engagement — whether in contract, tort (including negligence), statute or otherwise — is limited to the total fees paid by the Client for the specific engagement giving rise to the claim.

10.2Builder Intelligence is not liable for any indirect, consequential, special or incidental loss or damage, including loss of profit, loss of revenue, loss of opportunity or cost of redesign.

10.3Builder Intelligence’s advisory outputs do not constitute a warranty or guarantee of any construction cost, tender outcome, builder performance or project viability.

10.4The disclaimers and limitations set out in any report or output issued by Builder Intelligence are incorporated into these Terms and Conditions.

10.5Nothing in these Terms limits any rights the Client has under the Australian Consumer Law that cannot lawfully be excluded.

11.Force Majeure

11.1Builder Intelligence is not liable for any delay or failure to perform arising from circumstances beyond its reasonable control, including illness, natural events, or failures of third-party systems or services. Builder Intelligence will notify the Client and agree a revised timeframe where practicable.

12.Disputes and Governing Law

12.1If a dispute arises in connection with an engagement, the parties agree to attempt to resolve it through good-faith negotiation before commencing formal proceedings.

12.2These Terms and Conditions are governed by the laws of Queensland, Australia.

13.Variation

13.1Builder Intelligence may update these Terms and Conditions from time to time. The version in force at the time a Proposal is accepted, or a deposit or fee is paid, governs that engagement.