The following English version of the user agreement will apply to both language versions and by selecting to accept this agreement you agree to the use of the Website in “as is” format.
Your FREE Trial period is subject to all expectations and conditions of the User Agreement.
This User Agreement (the “Agreement”)is between you, the user of the services of QSOnlineEstimating.com (the “Website”) and QS Online Estimating.com Inc. (the “Company”). In this Agreement,"Client", “You”, “Your”, and “Subscriber”, refers to you, the person accessing the Website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company.“Party” and “Parties” refers to both you and ourselves, or either you or ourselves.
A. The Company has developed QSOnlineEstimating.com (the “Website”); and
B. You wish to consent to the use of the Website, and the Company has agreed to such use, pursuant to the terms and conditions below.
NOW THEREFORE, for and in consideration of the foregoing and of the mutual covenants and promises hereinafter contained, and in further consideration from each Party to the other given, the receipt and sufficiency of which is hereby acknowledged, and other good and valuable consideration, the Parties hereto agree and understand as follows:
1.1. In this Agreement, the following terms shall have the meanings set out below:
a) “MasterFormat” means the construction industry standard for organizing specifications and other written information for commercial and institutional building projects.
b) “Agreement” means this User Agreement;
c) “Canada Tax Laws” shall include all laws pursuant to the Income Tax Act (Canada) and Excise Tax Act (Canada) and all provincial tax legislation;
d) “Content” shall include all materials on or generated by the Website;
e) “Fee” means the annual payment required for access to the Services provided on the Website;
f) “Indemnified”shall have the meaning attributed thereto in section 9.1;
g) “Reference Guide” means the MasterFormat list, which provides example of MasterFormat items;
h) “Services” means all available information and Content provided on the Website;
i) “Term” shall have the meaning attributed thereto in section 3.1.2; and
j) “Website” shall have the meaning attributed thereto in Recital A.
1.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.3. The division of this Agreement into articles and sections is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
1.4. Unless otherwise specified, references in this Agreement to Articles, Sections and Schedules are to articles and sections of, and schedules to, this Agreement. The terms "this Agreement", "thereof”, "herein", "hereunder" and similar expressions refer to this Agreement and not to any particular Article, Section, or other portion hereof and includes any agreement or instrument supplementary or ancillary hereto. Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.
2. THE SERVICES
2.1. QS Online Estimating.com Inc., grants you a non-exclusive, non-transferable, and limited right to use and display the Website, based on your full compliance with this Agreement.
2.2. We do not offer, nor do we base our fee on access to a complete cost database. We only offer access to our estimating template and its functionalities, to the limits of its abilities of producing elemental format estimates in metric, and any other calculating templates or interfaces for estimating construction works. The use of the Website is for educational and/or entertainment purposes only, and your diligence is required to verify all calculations derived from these tools, and use of the calculations is at your own discretion.
2.3. We offer free access to a reference guide (the “Reference Guide”)in “as is” condition, organized as per the 2004 MasterFormat, to use as a checklist and to provide the ability for referencing all possible types of works and undertakings recognized by this document. Any expression of unit rates for work or tasks contained in the Reference Guide are for example only.
3. FEES AND REGISTRATION FOR YOUR SUBSCRIPTION
3.1. The payment of all Fees will be processed by PayPal Canada. The Company will not be made privy to any transaction details other than confirmation that the payment of Fees was completed.
3.1.1. We will manage the shopping cart and will ask for details such as your residence address for tax purposes and this information will be added to your user profile of our Website.
3.1.2. Subscription to the Services is for a one (1) year term (the “Term”) and reminders will be programmed to be sent to you from time to time in regards to the expiry of the Term and prompts for renewal. You are responsible for any renewal of your subscription.
3.1.3. Fees paid for subscription are for activation and initial access only. Fees are not based on proportion of use during the Term.
3.1.4. Taxes are applied to all purchases in Canada and such rates will be applied according to your place of residence or business. Canadian residents or companies with Canadian presence living or working outside of Canada and wishing to subscribe to the Services while living or working outside of Canada are required to pay tax in Canada as per Canadian Tax Laws.
3.1.5. Canadian tax to subscribers outside of Canada will be zero rated pursuant to Part V of Schedule VI of the Income Tax Act (Canada).Taxes to subscribers outside of Canada apply, and each Subscriber outside of Canada is required to pay and submit the appropriate taxes for this subscription to their respective tax collection agencies. QS Online Estimating.com Inc. is not responsible for submitting taxes to other countries. This is the subscriber’s responsibility.
3.2. QS Online Estimating.com Inc. reserves the right to increase or decrease our fees without prior notice.
3.3. You are responsible for any fees or costs in connection with obtaining the appropriate internet service to access our Website and its Content.
4. MALICIOUS INTENT
4.1. You agree not to interrupt, or attempt to interrupt, the operation of the Website or the sourcing servers in any way, including through the use of any third party, or technology such as robots, or malicious manner of any kind, including but not limited to any computer virus, worm, lock, drop dead device, Trojan-horse routine, trap door or time bomb.
4.2. Any false declarations as to your place of residence, or other misleading information provided to the Company or to any provider of services to the Website may be considered sufficient cause to terminate this Agreement.
5. PRIVACY AND CONFIDENTIALITY STATEMENT
5.1. We are committed to protecting your privacy. Only authorized employees within the Company, may use or access any information collected from subscribers.
5.2. Client records are regarded as confidential and therefore will not be divulged to any third party for any reason, other than if legally required.
5.3. The Company will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed Services and products.
5.4. QS Online Estimating.com Inc. has no control of the information that you have provided to third parties.
5.5. QS Online Estimating.com Inc. does not practice, endorse, or provide the ability to anyone else to carry out any form of data mining
5.6. By accepting this User Agreement, you are providing QS Online Estimating.com Inc. with the express and implied consent to contact you using electronic communications methods.
6.1. As part of the Registration process, you will create a password. This password is for your individual use only.
6.2. You agree not to intentionally share your login and password information for this Website with any other individual.
6.3. You are responsible for maintaining the confidentiality of any password you use to access the Services, and agree that QS Online Estimating.com Inc. will have no obligation with regards thereto.
6.4. QS Online Estimating.com Inc. has integrated a password recovery system and a password changing or updating system and we are not responsible for any misuse of these systems.
7. TERMINATION OF AGREEMENT AND REFUNDS POLICY
7.1. The Company reserves the right to restrict, suspend or terminate your access to the Website, without notice, with respect to any breach or threatened breach of any portion of this Agreement.
7.2. No refunds shall be offered, where a Service has commenced.
7.3. Any monies that have been received by the Company which constitute payment in respect to the provision of unused future Services, such as renewal payment of subscription in advance of expiry of previous subscription, shall be refunded without interest or penalties of any kind.
7.4. If the Company terminates this Agreement based on a breach of any section of this Agreement, then we reserve the right to refuse to provide a subscription or Services to you in the future.
7.5. Without prejudice to the above termination and refund policy, the Company reserves the right to address with compassion and fairness, any exposures our clients may have to a “force majeure” as outlined in section 8.
8. FORCE MAJEURE
8.1. The Company shall not be liable for any failure to perform any obligation under this User Agreement which is due to an event beyond our control including, but not limited to, any act of terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the suspension, limitation, or termination of our service, where none of which could have been reasonably foreseen.
8.2. If the Company is affected by such an event, it shall inform you, when eventually able, and shall use all reasonable endeavours to comply with the terms and conditions of the Agreement contained herein.
9.1. You agree to be liable for and shall indemnify and save harmless the Company, its successors and assigns, and any member of its governance, its sub-contractors and consultants, any primary, secondary, or third party service providers and their sub-contractors if any, or others such as our volunteers, servants, agents, or employees (herein collectively referred to as the “Indemnified”), from and against all manner of actions, causes of action, proceedings, claims, demands, loss, costs, damages and expenses whatsoever, including intentional torts or criminal activities, which may be brought or made against the Indemnified by any third party,arising from the use of the Website, its Content, and Services.
9.2. The Company reserves the right to its own choice of defence or legal representatives and full control of such representation to be provided to the Indemnified as per the indemnification agreement of 9.1, to the extent as to allow the Indemnified as fully as reasonably required in the defence of any such claim.
9.3. Any settlement of any third party claim by you or anyone acting on your behalf, shall not imply or constitute any form of admission of any guilt or responsibility of any issue or claim by the Company and you are not authorized to settle any third party claim in our name or on our behalf under any conditions or situations without our formally expressed written consent.
10.1.You accept to forego any pursuit of claim against the Indemnified, by you, or anyone acting in your name or on your behalf, or in the name of, or by, any third party, and knowingly accept that the Website, including all Content, are provided only to the extent which we have made available and in “as is” condition, without warranty or guarantee of any kind, and we exclude all representations of such warranty or guarantee, either express or implied, including but not limited to claims either direct or indirect, regarding merchantability, fitness and or compatibility for a particular purpose, accuracy, security, or non-infringement, and title or any other loss or claim, and are hereby expressly disclaimed.
10.2.You further accept that the Website and its Content may not be error free, defect free, omission free, virus free, internet harmless (from others malicious attacks), or free of any other imperfections and inaccuracies or interruptions.
10.3.You further accept that the Website and its Content are not intended to meet any particular criteria of performance or quality.
11. LIMITATION OF LIABILITY
11.1.You accept to forego any pursuit of claim against the Indemnified, by you, or anyone acting in your name or on your behalf(or in the name of, or by, any third party) and knowingly accept that the Website, including all Content, and any other website to which this Website is linked, is done at your own risk and you assume full responsibility and risk of loss resulting from the action of either accessing or downloading any information and or use of the Website and its Content.
11.2.You further accept that we are not responsible or liable under any circumstance for any loss of data for any reason, nor responsible for your inabilities to use the website or its Content under any circumstances, damages arising out of or in connection with your use of this website, including, direct loss, loss of business or profits (in either a foreseeable circumstance, or in the normal course, or if you have advised us of the possibility of such potential loss), damage to your computer, computer software, systems and programs, and the data thereon, or any other direct or indirect consequential and incidental damages.
11.3.QS Online Estimating.com Inc. shall not be liable to you for any damages caused by the breach of any term or condition of this Agreement, or the use of the Website, its Content and Services.
11.4.In the event liability is imposed upon the Company which is not otherwise excluded or limited by the terms of this Agreement, you accept and agree that the liability of the Company shall not exceed the amount paid by you for your subscription.
12. LINKS TO THIS SITE
12.1.You may not create a link to any page of this website without our prior written consent. Creating such a link without consent would constitute a breach of our Agreement.
13. LINKS TO OTHER SITES AND COOKIES
13.1.We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites, nor do we condone any deep linking practices which seeks personal information of any type. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this Website yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal or any other information or forms of exposure.
13.3.We do not hack, or try to take over any computers as bridges, or intermediary links of any type, or provide knowingly any abilities of such to any third party to achieve these ends.
14. SERVER LOG FILES
14.1.We may use server log files to analyse IP addresses which are not linked to personally identifiable information, administer the site, system administration, and troubleshooting, track user’s movements and usage patterns, and gather broad demographic information for aggregate use. Our web servers automatically log standard access information, including browser types, access times, URL requested and referral URL. This information is not shared with any third parties and is used only within this company by authorized staff and need to know basis.
15. COPYRIGHT AND TRADEMARKS
15.1.All of the Content is owned or controlled by the Company which retains all authorship and interest in and to such Content. The Website and the Content contain valuable and proprietary information of the Company.
15.2.You agree not to use any service marks, names, logos, or other identifiers of QS Online Estimating.com Inc.without our prior written permission.
16. MODIFICATIONS TO THE AGREEMENT OR TO THE WEBSITE
16.1.The Company reserves the right to modify this Agreement at any time and for whatever reason it deems necessary. In order to maintain good communications with our clients, we would require that you re-confirm your acceptance of any modifications to this Agreement in order to continue using the Website, and would appreciate your patience during that process.
16.2.We intend to continue to develop the Website functionality and tools over time and QS Online Estimating.com Inc. reserves the right to complete this work at our discretion.
16.3.We also reserve the right, and you accept this right, to modify, suspend, or discontinue the Website or any portion thereof, at any time, without notice or liability.
17.1.All correspondence with the Company can be sent to P.O. Box 25177 Clayton Park PO, Halifax NS B3M 4H4.
17.2.This Agreement together with any agreements and other documents to be delivered pursuant hereto, constitutes the entire Agreement and understanding among the Parties pertaining to the subject matter referred to herein and supersedes all prior agreements, negotiations, understandings and commitments, whether oral or written, previously entered into by them in respect thereto, all of which are hereby terminated and of no further force or effect. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter hereof, except as specifically set forth herein.
17.3.This Agreement shall not be assigned by any Party without the express prior written consent of the other Parties.
17.4.The Company and this Website is physically located in the Province of Nova Scotia and Country of Canada. This Agreement is governed by, and is to be construed and interpreted and enforced in accordance with, the laws of the Province of Nova Scotia and the laws of Canada applicable in the Province of Nova Scotia and the Parties hereby submit and attorn to the non-exclusive jurisdiction of the courts of such Province.
17.5.If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision shall not affect:
(a) the legality, validity or enforceability of the remaining provisions of this Agreement; or
(b) the legality, validity or enforceability of that provision in any other jurisdiction.
17.6.In regards to the Canadian Institute of Quantity Surveyors (CIQS or the Institute), the complete content of the website is not to be construed in any way as an opinion or as any statement endorsed, supported or condoned, by the CIQS. This exclusion extends to any other organization associated with the CIQS. All content of this website is the responsibility of QS Online Estimating.com Inc.
(a) QS Online Estimating.com Inc. is bound to act with fairness and loyalty at all times, to all members of the institute and its affiliates, and to promote and to have a devotion to high ideals of personal honour and integrity.
(b) We hope to enhance the public regard to the Quantity Surveying Profession by extending the public knowledge through the use of our website.
(c) We intend to refer all our clients to the CIQS Website for referral to educational material and to potentially engage the services of all firms providing quantity surveying services listed at the Institute, as well as encouraging membership to the institute.
(d) We will have no interest, direct or indirect in the matters of our clients affairs from their use of this website.
(e) We offer the use of our website under the same conditions offered to the public, to all members of the institute with courtesy and in good faith, either in the event if any of their clients use our services in conjunction with theirs, or if they want to use it themselves for their own use. And offer our support without condition to all members of the institute as we would to any member of the public who is our client.
(f) We would have no knowledge of, nor do we inquire, if any of our clients are currently engaged with any other members of the institute. If we are approached for consultations we would clarify this concern at that time and follow the rules of the institute for that purpose.
(g) QS Online Estimating.com Inc. is not proceeding with any intent, either express or implied, to act in a malicious manner nor to injure the reputation of any member of the institute or business.
(h) QS Online Estimating.com Inc. does not accept commissions, fees, or other benefits in order to secure quantity surveying work, we simply offer use of a website and its content.
(i) QS Online Estimating.com Inc. is not proceeding with any intent, either express or implied, to advertise or promote in a misleading manner or in a manner injurious to the dignity of the quantity surveying profession.
18.1.This User Agreement ("Agreement") sets forth the terms and conditions governing your use of the Website and its Content that is provided by QS Online Estimating.com Inc. Carefully read all of the terms and conditions as set out above. If you accept these terms and conditions, click the “I Accept” box at the end of this Agreement. That action is the equivalent of your signature and indicates your acceptance of the terms and conditions.