BuildPartner Terms of Use

Dear User,

Thank you very much for considering us for your construction price information requirements.

We are passionate about price transparency and are pleased you’re considering using our live, localised and detailed construction price information.

The core benefits of the system are that it provides you with:

● Live, regionalised price data to help you and your clients make accurate decisions

● Customisable functionality for efficient price and cost plan editing

● A specialist source of unbiased data that can be relied on for the long-term

Uniquely, we draw our prices from the live rates in our quoting and tendering platform. The platform has processed thousands of projects over decades of work. We can therefore scale our rates accurately to the type and location of works.

The terms of use are below, we look forward to helping you.

1. The BuildPartner Software and Services

We appreciate your using our software and data services residing at http://www.buildpartner.com (the “Site”). Please read the Terms carefully as they govern your use of the BuildPartner software and services. Do not use the software or services unless you wish to be bound by the Terms because, by continuing to use any part of BuildPartner, you confirm your acceptance of the Terms (which also include the Privacy Policy and Cookies Notice).

2. Definitions

The provider of BuildPartner is BuildPartner Technology Ltd. You can contact us via our online contact form, by phone at 0207 4046 321 and by email at contact@buildpartner.com. When the Terms make a reference to ‘we’, ‘our’ or ‘us’, that is a reference to BuildPartner Technology Ltd. Where we refer to you in the Terms, this also includes any person who accesses or uses BuildPartner on your behalf. The “Terms” includes the terms set out here and the Privacy Policy and Cookie Notice as made available on our Site.

“BuildPartner” consists of the Site, the API, professional services and any pages we operate on third-party social media applications, and the content and services we make available through them via the internet or mobile devices (including smartphones and tablets). It also includes the provision by us of associated information, products and services by e-mail or mobile device.

BuildPartner is designed to enable users to create and receive prices for construction work. They can pull data from selected templates and tasks to get an idea of benchmark costs for construction projects (“Cost Plans”) and tailor these to their specific cost bases to create (“Quotes”).

You are responsible for accurately describing your requirements for any project in respect of which you submit a Request for Cost Plan or Quote (“Project”).

3. Charges to Service Providers

We generally charge users a subscription for their use of the BuildPartner software. We also offer bespoke API integrations and professional services.

4. Disclaimers

We make no warranty that BuildPartner will be uninterrupted or error-free, or that any defects will be corrected. Whilst we take steps to prevent misuse of our systems, we cannot warrant that BuildPartner will be free of viruses or other malicious code and accept no liability for loss or damage caused by the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

We make BuildPartner available to enable users to see average prices based on information inputted into the product by Service Providers. We do not warrant the accuracy, quality or completeness of any information or assistance obtained from Service Providers. We do not direct, have any control over, or make any assurance or representation about any Service Provider.
We will not be a party to any contract made between you and any Service Provider and therefore we shall not be liable for any loss or damage which results from any dealings between you and any Service Provider. It is your responsibility to select a suitable Service Provider and to negotiate the terms of any Project to be performed by the Service Provider selected.

The sourced information includes labour and material rates but also general news, information and profiles of individual Service Providers. Whilst we make our best efforts to ensure it’s representative and appropriately presented, we do not write or control that information and have no responsibility to you or any person for it. Any information on BuildPartner is for general guidance only and is not intended to be specific expert advice tailored to your particular circumstances. You should take all due care in relying on such information, as this is done at your own risk.

We may include in BuildPartner information sourced from Service Providers, including general news, information and profiles of individual Service Providers. We do not write or control that information and have no responsibility to you or any person for it. We ourselves may also provide you with general guidance as to questions you submit through BuildPartner. Any information on BuildPartner is for general guidance only and is not intended to be specific expert advice tailored to your particular circumstances. You should take all due care in relying on such information, as this is done at your own risk.

In the unlikely event that you have a dispute with a Service Provider, you must address such dispute directly to the Service Provider concerned, or any trade association of which such Service Provider is a member. However, you agree to notify the details of the dispute to us as soon as reasonably practicable. We will not be a party to any contract made between you and any Service Provider and therefore we shall not be liable for any loss or damage which results from any dealings between you and any Service Provider. By using BuildPartner you release us from any and all claims, demands and damages of every kind arising out of or in any way connected with any such disputes you have with one or more Service Providers.

5. Your Use of BuildPartner

You are responsible for ensuring that you are legally entitled to submit to BuildPartner any information which you include in a Request for Information or Prices. You agree not to use BuildPartner in any unlawful manner and in particular, shall not: Include in any Request for Prices any information that infringes any patent, trademark, copyright, trade secret or other intellectual property right or proprietary right of any person; Submit to BuildPartner any corrupted files, files that contain viruses, or any other item that may damage the operation of a computer or other electronic device; impersonate another person or entity; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels on any material contained in a Request for Price; cause BuildPartner to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of BuildPartner is in any way impaired; or restrict or inhibit any other user from using and benefitting from BuildPartner.

You must not include in any Request for Cost Plan or Quote any information which could personally identify any other person or house or other property, unless you are entitled to do so.

You agree not to scrape, spider, resell, copy, reproduce, modify, create derivative works from, distribute or publicly display any content from BuildPartner without our prior written permission.

6. Links

It is not possible for us to review all websites which are linked to from BuildPartner (or link to BuildPartner), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

7. Use of Requests for Cost Plans and Quotes

You are solely responsible for the content, accuracy, and completeness of each Request for Cost Plan or Quote you submit using BuildPartner, and agree that it shall only contain information which is true, accurate and current.
You acknowledge that we may edit, modify or remove any parts of a Project which we consider is in breach of any of the provisions of the Terms, and/or suspend or terminate your access to BuildPartner without notice.

By creating a Project you grant to us a royalty-free, perpetual, irrevocable and non-exclusive licence to use, copy, reproduce, modify, publish, edit, translate, distribute and display the Project alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that you are entitled to grant such a licence. You also waive any moral rights you have in the Project information. Do not include in any Project any information that you would not want us to use in this way.

You consent to information about the device you use to access BuildPartner being collected and processed for fraud prevention purposes and you acknowledge that we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.

8. Intellectual Property Rights

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, BuildPartner and any part of it (the “Intellectual Property”), including how BuildPartner is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of the Intellectual Property to you.

Solely for the purposes of using BuildPartner, we hereby grant to you for the period during which BuildPartner is provided a non-exclusive, non-transferable licence to use the Intellectual Property.

We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in connection with any actual or threatened claims of any kind that any material on BuildPartner which has been generated and uploaded by us infringes the intellectual property of any third party.

9. Limitation of Liability

Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are dissatisfied with BuildPartner, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of BuildPartner. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.

Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law. We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss (even where we have been advised of the possibility of such loss or damage).

In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £500 in aggregate in respect of matters arising out of any individual Request for Price. Each of the provisions of this section 10 (Limitation of Liability) shall be construed separately and independently of the others.

10. Our Rights

We reserve the right at all times to edit, refuse to post, or to remove from BuildPartner any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body or trade association.

We reserve the right to terminate the provision to you of BuildPartner or restrict your access to BuildPartner at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.

We may vary the terms of the Terms from time to time and shall post such alterations on the Site. If you do not agree to the changes made to the terms of the Terms then you have the right to stop using Service, and should do so immediately. Your continued use of BuildPartner after the date the changes have been posted will constitute acceptance of the amended Terms.

11. Payment processing

Payment processing services for using BuildPartner are provided by Stripe and GoCardless and are subject to their terms and conditions. By agreeing to these terms or continuing to operate as a contractor on BuildPartner, you agree to be bound by the Stripe and GoCardless Services Agreements, as the same may be modified from time to time. As a condition of BuildPartner enabling payment processing services through these Services, you agree to provide BuildPartner accurate and complete information about you and your business, and you authorize BuildPartner to share it and transaction information related to your use of the payment processing services and process payments as agreed.

12. Confidentiality

Each party undertakes that throughout the duration of the Agreement, the parties may disclose certain confidential information to each other. Both parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under this Agreement. Each party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless: i) so authorised by the other party in writing, or ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13. Data Protection

Each party agrees to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018 and any subsequent amendments thereto.

14. Notices

All notices under the Agreement shall be in writing and be deemed duly given if addressed to the most recent address or email address notified to the other Party and if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

Notices shall be deemed to have been duly given: when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; when sent, if transmitted by email and a successful return receipt is generated; or on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.

15. Third Party Rights

The Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.

16. Severance

In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

17. Governing Law and Jurisdiction

These Terms and Conditions and the Agreement shall be governed by, and construed in accordance with, the laws of England and Wales and any dispute shall fall within the exclusive jurisdiction of the courts of England and Wales.

18. General

Clause headings are inserted for convenience only and shall not affect the interpretation of the Terms.

If any of the Terms are held to be illegal or unenforceable such provisions shall be severed and the rest of the Terms shall remain in full force and effect unless the business purpose of the Terms is substantially frustrated, in which case it shall terminate without giving rise to further liability.

You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.

The Terms constitute the entire agreement as to your use of and our provision of BuildPartner. The Terms supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.

The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.

In the event of any comments or questions regarding the Terms (including the Privacy Policy and Cookie Notice) then please contact us at contact@buildpartner.com.

Our registered company number is 11739530 and our registered office is 2 Maple Court, Davenport Street, Macclesfield, Cheshire, England, SK10 1JE. Our VAT number is 319584474.

Many thanks for taking the time to read this!

The BuildPartner Team