Terms & Conditions

QuoteSpec’s cloud-based quoting software enables tradesmen and individual home owners or renovators to produce a professional, detailed building or renovation quote and send it from their mobile device or web browser to a nominated person or customer (Application).

These terms and conditions (QuoteSpec Terms) regulate the relationship between you, as a user of the Application, and Work Smarter Enterprises Pty Ltd ABN 84 618 881 539 trading as QuoteSpec (“QuoteSpec”, “we”, “us”, “our”).

1. Membership

1.1 Becoming a Member

(a) In order to use the Application, you must become a member and you agree to pay the Fees.
(b) You are able to become a member by accessing the Application, and following the prompts to create a QuoteSpec account. Please ensure that you provide accurate and complete information when creating your account.
(c) If we accept your application to become a Member, you will be appointed, on a non-exclusive basis, as a member (Member). We reserve the right to accept or reject any applications for membership in our complete discretion.

1.2 QuoteSpec Account

(a) To use the Application, you must set up an account (QuoteSpec Account).
(b) We will issue you a PIN or password for securing access to your account. You agree to take responsibility for the safekeeping of your PIN or password.
(c) You are responsible for any actions resulting from any unauthorised use of your QuoteSpec Account, your PIN or password.
(d) You agree to release and indemnify QuoteSpec and its suppliers in relation to any loss or liability arising out of the unauthorised use of your QuoteSpec Account, PIN or password.

2. Using the Application

2.1 Initial Setup

(a) After you become a Member and set up your QuoteSpec Account, you will setup a profile (including your company name, logo, email address and approval/licence number) which will appear on Quote produced by the Application.
(b) Alternatively, after the Service Period commences, you can ask us to create your profile based on your produced logo and information you provide to us details—in which case, we may charge a one-time Setup Fee, and you agree to pay to us the one-time Setup Fee.

2.2 Use of the Application

As a Member you agree to:

(a) create and regularly maintain your QuoteSpec Account profile so that it is complete and correct;
(b) comply with our recommended back-up procedures, to the extent such back-up procedures are required for the Application to operate effectively;
(c) comply with our reasonable directions, in order for us to perform our obligations under these Terms; and
(d) notify us when there have been any changes to any details you have provided us in establishing your QuoteSpec Account.

2.3 QuoteSpec Limitations

As a Member you agree that:

(a) Quotes are issued by Internet email, and as such any estimated date or time is approximate only; and
(b) QuoteSpec will not be liable for any delay in delivery of a Quote however caused, and the time of delivery is not of the essence.

3. Payment and Cancellation

3.1 Payment

(a) You agree to provide us with your payment details which will be securely stored when you become a Member. We collect and store your PayPal username and account information, and we do not collect your associated bank account or card details.
(b) QuoteSpec will not charge you any Setup Fees or Services Fees for your use of the Application during the Trial Period.
(c) On expiry of the Trial Period, you agree that we may charge you and you will pay the Setup Fees and Service Fees for use of the Application, and any other services offered by QuoteSpec (Additional Services), by direct debit charged to your nominated payment method, each month.
(d) All prices are exclusive of any goods and services tax (including Australian GST) or any similar local value-added tax applicable in your jurisdiction, except where otherwise indicated.
(e) You agree that, if we become liable to pay any tax in relation to either our provision of or your use of the Application, we can charge and you will pay us an additional amount on account of that liability, at the same time and by the same method as you pay the Fees.

3.2 Cancellation

(a) If, before the Trial Period ends, you wish to stop using the Application and do not want to continue using the Application after the Trial Period ends, you must (and this is critical) ask us in writing to cancel your QuoteSpec Account on or before the last day of the Trial Period. If we do not receive a request to cancel your QuoteSpec Account, your subscription during the first Service Period will begin automatically and you must pay the Service Fees in accordance with this agreement.
(b) If, during the first month of your first Service Period:
- (1) you stop using the Application and (this is critical) you ask us in writing to cancel your QuoteSpec Account; or
- (2) in our absolute discretion, we terminate your access to the Application and your QuoteSpec Account, then we will refund your prepaid Service Fees (including Additional User Fees, if any) in full, but we will not refund your Setup Fees.
(c) At any other time:
- (1) you can stop your subscription and terminate these Terms on 30 days’ notice by emailing QuoteSpec on support@quotespec.com.au. Your access to the Application will end when the Service Period expires; or
- (2) in our absolute discretion, we can terminate your access to the Application and your QuoteSpec Account, by notice to you at the email address in your QuoteSpec Account. Your access to the Application will end on the date specified in the notice, which could be immediately.
(d) Termination under clause 3.2(b) does not entitle you to any refund of prepaid but unused Fees.

3.3 Failure to pay

If you fail to pay the Fees when due or demanded, we may do one or more of the following:

(a) charge interest on the amount owning at the rate which is 2% in excess of the Australia and New Zealand Banking Group Limited’s published variable interest rate for personal loans or, if lower, the maximum rate permitted by applicable law, and calculated daily from the date on which such payment was due to the date on which the payment is made;
(b) restrict or suspend your use of the Application in accordance with paragraph 5.3(a) below; and/or
(c) terminate these Terms, in accordance with the provisions herein.

4. Our Liability

(a) Disclaimers
- (1) You acknowledge and agree that the Application contains general information and may include material from many different sources. We make no representation and do not warrant that the information provided through the Application is complete, accurate or current.
- (2) The information on the Application is not a replacement for professional advice, and does not take into account your or your customer’s (as applicable) specific circumstances.
- (3) We merely provide the Application as a platform, and are not responsible or liable for the actions or inactions of another member in relation to you.
- (4) To the extent permitted by law, neither we or any of our directors, employees, contractors or other representatives will be liable to you or your customer for any Loss, damage or personal injury whatsoever which may arise out of or in connection with your use of the Application.
(b) You acknowledge that:
- (1) QuoteSpec has not made any representations or warranties in relation to the Application or its capabilities; and
- (2) it is your responsibility to satisfy yourself in relation to the suitability of the Application.
(c) To the full extent permitted by law:
- (1) any term which would otherwise be implied into these Terms is excluded. However nothing in these Terms excludes a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified.
- (2) you acknowledge that we provide the Application and the services on an “as is, where is” basis, and we make no warranties or representations, express or implied, as to the Application or services (and any information or documentation provided in connection with them), whether provided by us, third party contractors or other users.
(d) If any law implies or imposes terms into these Terms which cannot be lawfully excluded, such terms will apply, save that our liability for breach of any such term will be limited in accordance with the remainder of this section.
(e) To the extent the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies to the supply of services by QuoteSpec to you, the following applies where any warranties against defects are offered to you by QuoteSpec under these Terms:
- (1) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
  - (A) to cancel your service contract with us; and
  - (B) to a refund for the unused portion, or to compensation for its reduced value.
- (2) You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
(f) To the extent we are held liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability will be limited (at our option) to any one or more of the following:
- (1) re-supplying the Application or services to which the liability relates, or the supply of an equivalent Application or services; or
- (2) refunding you (subject to the cap on liability in this clause) the amount of your Service Fees (if any) received by us under the Terms in the 3 months before the liability arose.
(g) This limitation of liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access this website, and your reliance on any information provided in the website, even if we have been advised of the possibility of such damages or injury.
(h) Irrespective of anything else in these Terms, to the extent that we are liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability in the aggregate (to the fullest extent permitted by law) will not exceed $100.
(i) All limitations of liability under these Terms shall apply for the benefit of QuoteSpec’s employees and agents to the same extent as they apply for the benefit of QuoteSpec against you or anyone claiming through or under you.
(j) QuoteSpec excludes all liability for loss or damage in relation to:
- (1) the accuracy, completeness or quality of information supplied as part of the Application or contained within any Quote produced as a result of the Application; and
- (2) any decision made by a Member or any third party using information supplied as part of the Application or contained within any Quote produced as a result of the Application.
(k) To the maximum extent permitted by applicable law, QuoteSpec will not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Application, any delay or inability to use the Application or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the Application, or otherwise arising out of the use of the Application, whether based on contract, tort, negligence, strict liability or otherwise, even if QuoteSpec has been advised of the possibility of damages.

5. Use of the Application

5.1 Use of the Application

(a) The Application may contain links to websites operated by third parties (Linked Sites). The Linked Sites are not under the control of QuoteSpec and QuoteSpec is not responsible for the contents of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.
(b) As a condition of your use of the Application, you warrant to QuoteSpec that you will not use the Application for any purpose that is unlawful or prohibited by these Terms.
(c) You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of the Application. You may not obtain or attempt to obtain any QuoteSpec materials or information through any means not intentionally made available or provided for through the Application.
(d) All information, advice or other data on the Application is provided as general information only and should not be relied upon as professional advice.
(e) Without limitation to your rights under the Australian Consumer Law, you acknowledge that QuoteSpec provides the Application and any associated services “AS IS” and that QuoteSpec is not making and has not made any warranty or representation as to the goods’ or services’ suitability for any particular purpose other than the mandatory statutory warranties.
(f) If you are dissatisfied with any portion of the Application or with any of these Terms, your sole and exclusive remedy is to discontinue using the Application.

5.2 Security of the Application

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information (including personal information) which you transmit to us. Accordingly, any information which you transmit to us via the Application is transmitted at your own risk.

5.3 Suspension or modification

(a) QuoteSpec reserves the right, for any reason (including but not limited to the non-payment of Fees), at any time without notice, to modify, suspend access to, or restrict the functionality of, the Application (or any part thereof), or to cease providing the Application.
(b) QuoteSpec will endeavour to provide prior notice to Members of such circumstances; however we are unable to guarantee that such prior notice will be given in all instances.

5.4 Maintenance

(a) In particular (but without limitation to the generality of paragraph 5.3 above), you acknowledge and agree that we may, at any time without notice, modify, suspend access to, or to restrict the functionality of, the Application to carry out scheduled, preventative or corrective maintenance of the Application.
(b) QuoteSpec will endeavour to provide prior notice to Members of such circumstances; however we are unable to guarantee that such prior notice will be given in all instances.

5.5 Access to your QuoteSpec Account

(a) We may, from time to time, need to access your QuoteSpec Account in order to conduct maintenance or to monitor your compliance with these Terms.
(b) You consent to us accessing your QuoteSpec Account for these purposes.

5.6 No liability

You agree that QuoteSpec shall not be liable to you or any third party for any loss arising out of QuoteSpec exercising its rights under this paragraph 5.

6. Indemnity

You agree to indemnify us, keep us indemnified and hold us harmless, against any:

(a) claims against us; or
(b) loss (including all direct, indirect, special or consequential loss) suffered by us, arising from or in connection with:
(c) the negligent acts or omissions of you or your employees, agents or contractors; or
(d) any breach of these Terms; or
(e) any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the Application, your QuoteSpec Account, or the infringement by you, or by any other person using your computer or device, of any intellectual property right of any person.

7. Intellectual Property Rights

(a) You acknowledge that:
- (1) we, or our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), own or are licensed to use all Intellectual Property Rights in the Application (including, but not limited to, any images, photographs or text which appears in the Application). You agree that you will not make any representations to the contrary, and that you will not use or copy the Application in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. For the purposes of these Terms, Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
- (2) any trade marks or logos which appear in the Application are owned by or licensed to QuoteSpec or its related bodies corporate , and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
(b) Without limitation to paragraph 7(a), any Intellectual Property Rights which exist in the Quotes, excluding the data which is provided by you, shall vest in QuoteSpec.
(c) You grant us a non-exclusive, perpetual, worldwide, royalty free licence to use your data, name, logos and other intellectual property for us to provide the Application and the functionality enabled by it; to identify you as a Member of the Application on the QuoteSpec website; and to refer to you as a Member in connection with our advertising and marketing materials.

8. Privacy

8.1 Personal Information and Consent

(a) By setting up an QuoteSpec Account and becoming a Member, you will have provided personal information to QuoteSpec.
(b) Our privacy policy posted at www.quotespec.com.au/privacy describes how we collect, use and disclose personal information. If you have selected that you agree to receive promotional material, you consent to receiving any material that QuoteSpec sends to you as a result of becoming a Member.
(c) If at any time you do not wish to receive any further promotional material from QuoteSpec you may unsubscribe by simply sending an email with the subject line “unsubscribe” to accounts@QuoteSpec.com.au.

8.2 Linked Sites

We are not responsible for the privacy practices of other websites that may be linked to the Application, including via hyperlinks or other means. Please take care at all times to check the privacy policy of the site you are visiting.

9. Termination

(a) We reserve the right, in our sole discretion, to terminate your access to your QuoteSpec Account and any related services, including the Application, or any portion thereof at any time, without notice or otherwise in accordance with the terms and conditions contained herein.
(b) We may terminate your access to the Application immediately:
- (1) if you request to cancel your Account before the expiration of the Trial Period in accordance with the terms in clause 3.2(a);
- (2) by written notice if you have failed to pay the Fees for more than 5 days after the due date.
(c) Either you or we can terminate these Terms on 30 days’ written notice to the other, if:
- (1) the other party is in breach of these Terms and it has failed to remedy the breach within 5 business days of receipt of a written notice specifying the breach and requiring its remedy; or
- (2) the other party is in breach of these Terms and that breach is not capable of remedy.
(d) Termination shall not prejudice or affect any right or action which shall accrue or shall later accrue to either party.

10. Consequences of Termination

(a) Upon termination of these Terms:
- (1) all unpaid Fees owing by you become immediately due and payable to us;
- (2) within 30 days, you may retrieve a copy of the Quotes stored in your QuoteSpec Account;
- (3) after the expiry of the period in paragraph (2) above, we will:
  - (A) deactivate your QuoteSpec Account, and remove your access to Member-only areas of the Application; and
  - (B) delete your Quotes, your QuoteSpec Account profile, and all other associated data and/or prohibit any further access to such data or files.
- (4) you must return to QuoteSpec or (if requested by QuoteSpec) destroy all confidential information or other data belonging to QuoteSpec.

11. General

11.1 Governing Law and Jurisdiction

These Terms are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

11.2 Whole Agreement

These Terms supersedes all prior representations, arrangements, understandings and agreements between the parties and represents the entire complete and exclusive understanding and agreement between the parties relating to the subject matter of these Terms.

11.3 Severability

If anything in these Terms is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of these Terms remains in full force and effect in all other jurisdictions.

11.4 Force Majeure

(a) If QuoteSpec is prevented from, or delayed in, performance an obligation by an event of Exceptional Circumstance (defined below) then those obligations of QuoteSpec are suspended for the duration of the event of Exceptional Circumstance. You must use all reasonable endeavours to remove or mitigate your any loss arising from, and the effects of, the event of Exceptional Circumstance.
(b) In these Terms, the term “Exceptional Circumstance” means a circumstance beyond the reasonable control of QuoteSpec which results in it being unable to observe or perform on time an obligation under these Terms. Such circumstances include, but are not limited to, the following:
- (1) adverse changes in government regulations;
- (2) any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
- (3) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
- (4) strikes or industrial disputes;
- (5) materials or labour shortage; and/or
- (6) acts or omissions of any third party network providers (such as internet, telephony or power providers).

12. Consent

12.1 Your consent

By using accessing or using the Application, or establishing a QuoteSpec Account and becoming a Member to use the Application, you are agreeing to these Terms.

12.2 Change in Terms

(a) We reserve the right to modify these Terms as our business needs require, and we will give you 1 months’ notice of a change.
(b) We will post such changes in the Application and on the QuoteSpec website posted at www.quotespec.com.
(c) Your continued use of the Application after the effective date of the change in Terms will be deemed to be your agreement to be bound by the modified terms.

12.3 Change in our business

You acknowledge and agree that we may, in our absolute discretion, assign, novate, outsource, or otherwise transfer all or any part of our rights, benefits and obligations under these Terms to any related entity (as defined in the Corporations Act 2001 (Cth)) of us or to a third party. If we do so, we will give you notice as described in clause 12.2(a).