Terms & Conditions
Terms & Conditions
Please read carefully before using PrelimPro.By accessing or using the PrelimPro platform, you agree to be bound by these Terms and Conditions. If you do not agree, do not use the platform.
In these Terms and Conditions, the following words have the meanings set out below:
By registering for an account, purchasing a Subscription Plan or Pay-Per-Use Credit, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity. In that case, "you" and "your" refers to that entity.
We may update this Agreement from time to time in accordance with clause 17. Your continued use of the Platform after we notify you of any changes constitutes your acceptance of the updated Agreement.
The Platform is intended solely for use by businesses and individuals operating within the Australian construction industry, including (without limitation) builders, head contractors, subcontractors, developers, estimators, and quantity surveyors.
To use the Platform, you must:
The Platform is not intended for use by consumers for personal, domestic, or household purposes. By using the Platform, you confirm that your use is for business purposes only.
To access the Platform, you must create an account by providing accurate, current, and complete information as prompted during registration. You agree to maintain and promptly update your account information to keep it accurate and complete.
You are solely responsible for:
You must not share your account credentials with any third party. Each account is for use by a single named individual unless you hold a Premium Subscription Plan that expressly permits multiple seats.
We reserve the right to refuse registration or cancel an account at our discretion, including where we reasonably believe the information provided is false or misleading, or where a User does not meet the eligibility criteria in clause 3.
We offer access to the Platform under the following arrangements:
| Plan | Description | Billing |
|---|---|---|
| Single Estimate | One-off Pay-Per-Use Credit for a single Estimate | One-time payment |
| Basic | Subscription with a defined monthly Estimate allowance | Monthly or annual |
| Standard | Higher-volume subscription with additional features | Monthly or annual |
| Premium | Custom volume and multi-seat arrangement | As agreed |
Full details of current plan entitlements, allowances, and pricing are published on our website at prelimpro.com.au/pricing and confirmed in your Order Confirmation.
Subscription Plans: A Subscription Plan commences on the date of purchase and renews automatically at the end of each billing period (monthly or annually, as selected) unless cancelled in accordance with clause 7. Unused Estimate allowances within a billing period do not roll over to the next period unless expressly stated in your Order Confirmation.
Pay-Per-Use Credits: Pay-Per-Use Credits are non-transferable, non-refundable (except as required by law), and must be used within 12 months of the date of purchase, after which they expire without compensation.
We reserve the right to modify plan features, entitlements, and pricing in accordance with clause 17.
All fees are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. GST is charged in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment is due at the time of purchase or, for recurring Subscription Plans, at the commencement of each billing period. We use a third-party payment processor to handle transactions. By providing your payment details, you authorise us (or our payment processor) to charge the applicable fees to your nominated payment method.
If a payment fails, we will notify you and may suspend access to the Platform until payment is received. Continued non-payment may result in termination of your account under clause 16.
We will issue a tax invoice for all amounts charged. You are responsible for any bank fees, currency conversion fees, or other charges imposed by your financial institution.
For Premium plans, payment terms are as set out in the applicable Order Confirmation or separately executed agreement.
Subscription cancellation: You may cancel a Subscription Plan at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Platform for the remainder of the paid period. We do not provide pro-rata refunds for unused portions of a subscription period, except where required by law.
Pay-Per-Use Credits: Pay-Per-Use Credits are non-refundable once purchased, except as required by applicable law (including the Australian Consumer Law).
Change of mind: We do not offer refunds for change of mind on any subscription or credit purchase, to the extent permitted by law.
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the term of your subscription or, in the case of Pay-Per-Use Credits, until those credits are used or expire.
You must not, and must not permit any third party to:
We reserve the right to monitor use of the Platform to ensure compliance with this Agreement.
Our IP: All intellectual property rights in the Platform, including all underlying software, algorithms, methodologies, data models, content, branding, and documentation, are owned by or licensed to us and are protected by Australian and international intellectual property laws. Nothing in this Agreement transfers ownership of any of our intellectual property to you.
Your IP: You retain ownership of all intellectual property rights in User Data that you upload to the Platform. By uploading User Data, you grant us a limited, non-exclusive, royalty-free licence to use that data solely to provide the Platform services to you.
Output: Estimates and other output generated through the Platform are provided for your internal business use only. You may not represent any output as having been independently prepared by a registered quantity surveyor or other licensed professional unless that output has been separately reviewed and certified by such a professional.
Aggregated data: We may use anonymised, de-identified, and aggregated data derived from usage of the Platform (including from User Data) to improve our products, services, and data models. This data will not identify you or your business.
Feedback: If you provide us with feedback, suggestions, or ideas regarding the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose, without obligation to you.
The Platform is designed to assist construction industry professionals in generating preliminary cost estimates. All Estimates produced by the Platform are indicative only. They are based on historical project data, cost benchmarks, and assumptions that may not reflect current market conditions, site-specific factors, or your project's particular circumstances.
Estimates generated by the Platform:
You are solely responsible for independently verifying the accuracy and suitability of any Estimate before relying upon it for any purpose. We strongly recommend that you engage a qualified quantity surveyor or estimator to review any Estimate before it is used in a commercial context.
The limitations in this clause apply equally to Done For You Estimates. See clause 10A for further provisions specific to Done For You Estimates.
We offer a Done For You Estimate service under which our personnel generate a preliminary construction cost estimate through the Platform on your behalf. By commissioning a Done For You Estimate, you acknowledge and agree to all of the following:
The liability cap and exclusions set out in clause 14 apply in full to Done For You Estimates. Your commissioning of a Done For You Estimate constitutes your acceptance of the terms of this clause.
Each party may have access to confidential information of the other party in connection with this Agreement. Each party agrees to:
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed by the receiving party without reference to the confidential information; or (d) must be disclosed by law or regulatory requirement, provided the disclosing party gives reasonable prior notice where permitted.
Our confidentiality obligations to you include keeping your User Data and project-specific information confidential and not disclosing it to competitors or third parties except as set out in our Privacy Policy.
We collect, use, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and as set out in our Privacy Policy available at prelimpro.com.au/privacy.
By using the Platform, you consent to the collection and use of your personal information as described in our Privacy Policy.
You are responsible for ensuring that any personal information you upload to the Platform as part of User Data has been collected and may be disclosed in accordance with applicable privacy laws, and that you have obtained any necessary consents from the individuals to whom the information relates.
To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis. We do not warrant that:
We do not make any representation or warranty regarding the fitness of the Platform for use in connection with any specific project, tender, or transaction.
Where the Australian Consumer Law applies, certain guarantees cannot be excluded. Nothing in this clause operates to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
To the maximum extent permitted by law, our total aggregate liability to you for any loss or damage arising out of or in connection with this Agreement or your use of the Platform (whether in contract, tort including negligence, statute, or otherwise) is limited to the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by law, we exclude all liability for:
These limitations apply even if we have been advised of the possibility of such loss or damage, and regardless of whether any remedy fails of its essential purpose.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Termination by you: You may cancel your account and terminate this Agreement at any time in accordance with clause 7. Termination does not entitle you to any refund except as provided in clause 7 or required by law.
Suspension or termination by us: We may immediately suspend or terminate your account and access to the Platform, without liability to you, if:
Effect of termination: On termination of this Agreement for any reason: (a) your right to access and use the Platform ceases immediately; (b) any outstanding fees become immediately payable; and (c) clauses 9, 11, 14, 15, and 19 survive termination. We will retain User Data for 30 days following termination, after which it may be deleted in accordance with our data retention practices.
Changes to the Platform: We may update, modify, or discontinue features of the Platform at any time. Where practicable, we will give you reasonable prior notice of material changes that adversely affect your use of the Platform. Your continued use of the Platform after any change constitutes your acceptance of that change.
Changes to this Agreement: We may amend this Agreement from time to time. We will provide notice of material changes by email to the address associated with your account or by posting a notice on the Platform at least 14 days prior to the changes taking effect. If you do not agree to the amended terms, you must stop using the Platform and cancel your account before the changes take effect. Your continued use of the Platform after that date constitutes acceptance of the amended Agreement.
Pricing changes: We will provide at least 30 days' notice of any increase in subscription fees. Price increases will not take effect until the commencement of your next billing period following the notice period.
Our Platform comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our services, you are entitled to cancel your subscription and receive a refund for unused portions, and to compensation for any other reasonably foreseeable loss or damage. For failures that do not amount to a major failure, you are entitled to have the failure rectified in a reasonable time, and if this is not done, to cancel and obtain a refund for the unused portion of your subscription.
Nothing in this Agreement is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy afforded to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.
Where our liability to you cannot be excluded, but can be limited, our liability is limited to the extent permitted by law as set out in clause 14.
This Agreement is governed by and construed in accordance with the laws of Queensland, Australia. Both parties submit to the exclusive jurisdiction of the courts of Queensland and, where applicable, the Federal Court of Australia.
Dispute resolution: Before commencing any legal proceedings (other than for urgent injunctive relief), either party must give the other written notice of the dispute. The parties must then attempt to resolve the dispute by good faith negotiation for a period of 20 Business Days from the date of that notice. If the dispute is not resolved within that period, either party may refer the matter to mediation conducted under the LEADR/IAMA rules, failing which either party may commence legal proceedings.
"Business Days" means any day that is not a Saturday, Sunday, or Queensland public holiday.
Entire agreement: This Agreement constitutes the entire agreement between you and us with respect to the Platform and supersedes all prior representations, agreements, and understandings, whether written or oral.
Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.
Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, sale of assets, or by operation of law, provided we give you reasonable notice.
Force majeure: We are not liable for any failure or delay in performing our obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, acts of government, internet or telecommunications failures, or cyber attacks.
No agency: Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
Notices: Notices under this Agreement must be in writing and sent by email. Notices to us must be sent to info@prelimpro.com.au. Notices to you will be sent to the email address associated with your account.
If you have any questions about these Terms and Conditions, or wish to make a complaint, please contact us: