Terms & Conditions

CONTRACTOR MATE – TERMS AND CONDITIONS FOR DIGITAL PRODUCTS AND TEMPLATES

Last updated: [24/07/206]

These Terms and Conditions (“Terms”) apply to the purchase, download, access and use of digital products, templates, spreadsheets, calculators, documents and other downloadable resources supplied under the Contractor Mate brand (“Products”).

Contractor Mate is operated by CONTRACTOR MATE LIMITED, company number 15300321, whose registered office is 213 Derbyshire Lane, Sheffield, England, S8 8SA (“Contractor Mate”, “we”, “us” or “our”).

By purchasing, downloading or using a Product, the customer (“Customer”, “you” or “your”) agrees to these Terms.

1. BUSINESS CUSTOMERS ONLY

Our Products are supplied exclusively for use by businesses and persons acting wholly or mainly for purposes relating to their trade, business, craft or profession.

By purchasing a Product, you confirm that you are acting in the course of business and are not purchasing as a consumer.

If you are purchasing on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms.

2. NATURE OF OUR PRODUCTS

Contractor Mate provides pre-prepared business and construction industry resources which may include:

  • application for payment templates;
  • variation and change-control templates;
  • payment and retention trackers;
  • overhead calculators;
  • estimating and pricing tools;
  • tender templates;
  • commercial trackers;
  • project-management documents;
  • risk assessment and method statement templates;
  • checklists;
  • contract and commercial administration templates;
  • spreadsheets;
  • document packs; and
  • other business and construction-related resources.

Products are intended to provide a starting point or administrative tool only.

Unless expressly agreed otherwise in writing, the purchase of a Product does not include consultancy, legal advice, quantity surveying advice, accounting advice, tax advice, health and safety advice, engineering advice or other professional advice.

3. IMPORTANT – CUSTOMER RESPONSIBILITY

Our Products are generic resources and are not prepared specifically for your business, project, contract, client, subcontract, employees, works or circumstances.

You are responsible for reviewing and adapting each Product before using it.

You must satisfy yourself that the Product is appropriate for its intended purpose and complies with any applicable:

  • contract or subcontract;
  • employer's requirements;
  • specification;
  • legislation;
  • regulations;
  • British Standards;
  • industry standards;
  • health and safety requirements;
  • tax or accounting requirements;
  • insurance requirements; and
  • project-specific requirements.

Purchasing or using a Product does not transfer responsibility for your commercial, contractual, financial, technical, health and safety or business decisions to Contractor Mate.

4. NO LEGAL OR PROFESSIONAL ADVICE

Nothing contained within a Product constitutes legal advice.

References to contracts, payments, retentions, variations, notices, applications for payment, extensions of time, liquidated damages, loss and expense, contractual rights or similar matters are provided as general business resources only.

Where a matter may affect your legal or contractual rights, you should obtain appropriate professional advice before acting or relying upon the Product.

Contractor Mate does not act as your solicitor, accountant, quantity surveyor, engineer, health and safety adviser or other regulated professional merely because you purchase or use one of our Products.

5. CONSTRUCTION CONTRACTS

Construction contracts and subcontracts can impose strict requirements relating to matters including notices, payment applications, payment notices, pay less notices, variations, extensions of time, claims, design obligations, programme requirements and other contractual procedures.

Our Products do not guarantee compliance with any particular contract.

You remain responsible for checking your contract and ensuring that any document, notice, application or submission is issued:

  • in the correct form;
  • to the correct person;
  • using the correct method;
  • containing the required information; and
  • within the required timescale.

Contractor Mate accepts no responsibility for a Customer failing to comply with a contractual notice requirement, time bar, payment mechanism or other contractual procedure as a result of relying solely upon a Product.

6. CALCULATORS AND SPREADSHEETS

Products containing calculations, formulas or automated functions are intended to assist with business administration and decision-making.

Examples may include overhead recovery, labour rates, mark-up, margin, applications for payment, retentions, variations and project cost calculations.

You are responsible for checking:

  • all information entered;
  • assumptions used;
  • formulas;
  • calculation outputs; and
  • the suitability of the results for your business.

You must independently verify important financial or commercial calculations before relying upon them.

Contractor Mate does not guarantee that use of any calculator will achieve a particular turnover, profit, margin, recovery of overheads or other financial outcome.

 7. HEALTH AND SAFETY DOCUMENTS

Where Products include risk assessments, method statements, COSHH-related documents, checklists or other health and safety documentation, these are templates only.

They must not be issued or relied upon without being reviewed and adapted by a competent person having regard to the actual:

  • site;
  • works;
  • hazards;
  • personnel;
  • equipment;
  • substances;
  • access arrangements;
  • environment;
  • client requirements; and
  • method of working.

A template does not replace a site-specific risk assessment or the duties imposed upon employers, contractors or other duty holders by applicable health and safety legislation.

8. PRODUCT INFORMATION AND ACCURACY

We take reasonable care when preparing our Products.

However, because laws, regulations, standards, software, industry practices and commercial requirements can change, we do not guarantee that a Product will remain current indefinitely.

Unless expressly stated otherwise, Products are supplied based on the information and requirements considered applicable when the Product was prepared or last updated.

Customers should check whether requirements have changed before using an older Product.

9. PURCHASE AND DELIVERY

Products are normally supplied electronically following successful payment.

Delivery may take place by download link, email, customer account or another electronic method specified at the time of purchase.

You are responsible for providing accurate contact information and ensuring that you can access the relevant file format.

10. PRICES AND PAYMENT

Prices are those displayed at the time of purchase.

Prices are exclusive of VAT, where applicable.

Payment must be made using one of the payment methods made available by us.

We may change Product prices at any time, but this will not affect purchases already completed.

11. DIGITAL PRODUCTS AND REFUNDS

Due to the nature of downloadable digital Products, purchases are generally non-refundable once the Product has been supplied, downloaded or access has been provided, except where required by applicable law or where we agree otherwise.

If you believe that a Product is defective or materially different from its description, you should contact us at help@contractormate.co.uk with details of the issue.

Where reasonably possible, we may provide a corrected or replacement copy.

12. LICENCE TO USE PRODUCTS

Unless a Product states otherwise, purchase grants you a non-exclusive, non-transferable licence to use and modify the Product for the internal business purposes of the purchasing business.

You may:

  • edit the Product;
  • add your own branding;
  • populate it with your own information;
  • use it internally within your business; and
  • issue completed or adapted documents to clients, main contractors, subcontractors, consultants or others where reasonably required for your business activities.

You do not acquire ownership of the underlying Product or intellectual property rights in it.

13. PROHIBITED USE

You must not, without our prior written permission:

  • resell a Product;
  • redistribute a Product as a template;
  • share the original Product with another business;
  • upload a Product to a template library or sharing platform;
  • sell modified versions of a Product;
  • reproduce Products for commercial resale;
  • make Products available for download by third parties;
  • sublicense Products;
  • remove Contractor Mate copyright or ownership notices for the purpose of disguising the origin of a Product and reselling it; or
  • use our Products to create a competing template or digital-product business.

A licence is granted to the purchasing business only.

Separate companies, even where they have common directors, shareholders or ownership, must obtain their own licence unless we expressly agree otherwise.

14. INTELLECTUAL PROPERTY

All intellectual property rights in our Products, including their original content, structure, wording, formulas, design, branding and supporting materials, belong to Contractor Mate or its licensors unless otherwise stated.

Purchase of a Product is a licence to use that Product in accordance with these Terms and does not constitute a transfer or assignment of copyright or other intellectual property rights.

Unauthorised copying, distribution, resale or commercial exploitation may result in suspension of access and/or legal action.

15. CUSTOMER MODIFICATIONS

Once you alter, amend, populate or otherwise modify a Product, you are responsible for those modifications.

Contractor Mate is not responsible for errors, omissions or consequences arising from changes made by the Customer or any third party.

16. THIRD-PARTY SOFTWARE

Certain Products may require third-party software such as Microsoft Excel, Microsoft Word, PDF software or similar applications.

Unless expressly stated otherwise, third-party software is not included with your purchase.

We do not guarantee compatibility with every version, operating system, device or third-party application.

Customers should check Product requirements before purchase.

17. RESULTS NOT GUARANTEED

Contractor Mate does not guarantee that use of a Product will:

  • increase profitability;
  • recover all overheads;
  • secure payment;
  • prevent disputes;
  • secure acceptance of an application or variation;
  • prevent deductions or countercharges;
  • secure contractual entitlement;
  • ensure regulatory compliance;
  • win tenders;
  • reduce costs; or
  • produce any particular commercial outcome.

Results depend upon circumstances outside our control, including the Customer's own decisions and actions.

18. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability which cannot lawfully be excluded or restricted.

Subject to the above, Contractor Mate shall not be liable for any:

  • loss of profit;
  • loss of revenue;
  • loss of business;
  • loss of anticipated savings;
  • loss of opportunity;
  • loss of contract;
  • loss of goodwill;
  • business interruption;
  • indirect loss;
  • consequential loss; or
  • loss arising from a Customer's failure to check, modify or correctly use a Product.

Subject always to any liability which cannot lawfully be excluded or limited, our total aggregate liability arising out of or in connection with a Product shall not exceed the amount actually paid by the Customer to Contractor Mate for the Product giving rise to the claim.

19. CUSTOMER DECISIONS

Any decision made using information generated by or contained within a Product remains the Customer's decision.

This includes decisions concerning:

  • tender prices;
  • labour rates;
  • overhead recovery;
  • margins and mark-ups;
  • contractual notices;
  • payment applications;
  • variations;
  • claims;
  • retentions;
  • procurement;
  • project management; and
  • health and safety documentation.

Contractor Mate is not responsible for losses caused by the Customer entering incorrect information, making incorrect assumptions or failing to independently check important outputs.

20. THIRD-PARTY ACCEPTANCE

We do not guarantee that any client, main contractor, employer, consultant, accountant, auditor, insurer, regulator or other third party will accept a document produced using our Products.

Different organisations may have their own formats, procedures and requirements.

The Customer is responsible for confirming those requirements.

21. UPDATES

Purchase of a Product does not automatically entitle the Customer to future versions, updates or replacement Products unless this is expressly stated at the time of purchase.

We may update, amend, replace or discontinue Products at our discretion.

22. PRODUCT SUPPORT

Unless expressly included within the Product description, purchase does not include bespoke support, document checking, consultancy, training or advice.

Any additional services requested by a Customer may be subject to a separate quotation and separate terms and conditions.

23. SECURITY AND FILES

Customers are responsible for maintaining suitable backups of downloaded Products and completed documents.

We do not guarantee that download links will remain available indefinitely.

Customers should save Products securely after purchase.

24. MISUSE AND BREACH OF LICENCE

Where we reasonably believe that a Product has been copied, resold, distributed, shared or otherwise used in breach of these Terms, we may:

  • terminate the relevant licence;
  • suspend access to Products or accounts;
  • refuse future sales;
  • require infringing copies to be removed; and
  • pursue any rights or remedies available to us.

Termination of a licence does not affect any rights or remedies that have already arisen.

25. FORCE MAJEURE

We will not be responsible for delay or failure to perform our obligations caused by circumstances beyond our reasonable control, including failures of internet services, hosting providers, payment processors, software platforms or other third-party systems.

26. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The Terms applying to an individual purchase will generally be those in force when the purchase is made.

27. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall, so far as possible, be treated as modified to the minimum extent necessary to make it valid and enforceable.

If that is not possible, it shall be treated as deleted.

The remaining provisions shall continue in full force.

28. NO WAIVER

If we delay or fail to enforce any provision of these Terms, this does not constitute a waiver of our rights.

29. THIRD-PARTY RIGHTS

Unless expressly stated otherwise, no person other than Contractor Mate and the Customer shall have any right to enforce these Terms.

30. ENTIRE AGREEMENT

These Terms, together with the applicable Product description and any terms expressly agreed by us in writing, constitute the entire agreement between Contractor Mate and the Customer relating to the purchase and use of the Product.

The Customer acknowledges that it has not relied upon any statement, promise or representation not expressly incorporated into the agreement.

Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

31. PRIORITY

If there is any conflict between these Terms and specific written terms supplied by Contractor Mate for a particular Product, the specific Product terms shall take precedence to the extent of that conflict.

Any terms contained within a Customer's purchase order, procurement portal or other documentation shall not apply unless expressly accepted by Contractor Mate in writing.

32. ASSIGNMENT

The Customer may not transfer or assign its licence to another business without our prior written consent.

Contractor Mate may assign or transfer its rights and obligations as part of a sale, transfer or restructuring of the Contractor Mate business.

33. GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising from them or the purchase or use of a Product shall be governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to determine any dispute or claim arising out of or in connection with these Terms or the Products.

34. CONTACT DETAILS

Questions concerning Products or these Terms should be sent to:

Contractor Mate
Operated by: CONTRACTOR MATE LIMITED
Company number: 15300321
Registered office: 213 Derbyshire Lane, Sheffield, England, S8 8SA
Email: help@contractormate.co.uk