Terms of service

The service

Estimark is construction and property-maintenance management software provided on a subscription basis. We provide it with reasonable skill and care and aim for high availability, but we do not guarantee uninterrupted service.

The service records and calculates information you supply, including CIS deductions, VAT and payment notice dates. It does not constitute accounting, tax, legal or health-and-safety advice, and no output of the service is such advice. You remain responsible for your tax filings, statutory notices and other legal obligations.

Subscriptions and payment

Plans are billed monthly or annually in advance. Prices are shown exclusive of VAT unless stated, and VAT is added where applicable. Optional modules are billed in addition to your plan.

Every plan includes a 14-day free trial. If you do not cancel before it ends, the subscription begins and the first payment is taken.

We may change prices with at least 30 days’ notice. If you do not accept a price change you may cancel before it takes effect.

Cancellation

You can cancel at any time from within the application. Your subscription continues until the end of the period you have paid for, and we do not refund part-months. After cancellation you can export your data for 90 days, which is also how long we keep it before it is erased.

We may suspend or end an account that does not pay, or that breaches these terms in a serious or repeated way. Except where the breach makes it unreasonable, we will give you notice and a chance to put it right.

Your data

The data you put into Estimark is yours. We claim no ownership of it. We process it to provide the service, as set out in our privacy policy, and we do not use your business data to train models or sell it to anyone.

For the data you put into Estimark about other people (your staff, your workers and subcontractors, your clients, and the residents and tenants of properties you maintain) you are the data controller and we are your processor. You decide what goes in and how long it stays; we process it on your documented instructions in order to provide the service. Our data processing agreement governs that relationship, and it is the written contract UK GDPR Article 28(3) requires.

You are responsible for having the right to put that data in, and in particular for telling your own employees, clients and tenants that you are processing their information.

Acceptable use

You agree not to:

• Use Estimark for anything unlawful, or to store data you have no right to hold.
• Attempt to gain access to another customer’s data or to parts of the system not intended for you.
• Circumvent rate limits, resell access, or place load on the service that degrades it for others.
• Reverse engineer the service except to the extent the law permits.

Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, our total liability to you in any 12-month period is limited to the amount you paid us in that period, and we are not liable for loss of profit, loss of business, or indirect or consequential loss.

You are responsible for keeping your own records. We take and test backups, but you should export anything you cannot afford to lose.

Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.