Terms of Service

1. Who we are

BuildKind is operated by Travis Jones (ABN 29 742 643 482), trading as BuildKind ("we", "us"). You can contact us at info@getbuildkind.com.au.

These terms apply to builders and building businesses who create an account ("you"). Neighbours who view a project page or turn on notifications don't need an account and aren't bound by these terms. How we treat their information is set out in our Privacy Policy.

2. What BuildKind does

For each building site you add, BuildKind gives you a public project page, a QR code for your site sign and neighbour letter, and a way to send short updates to neighbours who choose to receive them.

BuildKind is one-way communication. It is not a complaints channel and it doesn't let neighbours message you through it. Your neighbour letter and project page show your business phone number for anything urgent.

3. Your account

• BuildKind is for businesses. By creating an account you confirm you're using it for your building business.
• Keep your business details accurate. They appear on your project pages and neighbour letters.
• Keep your login secure. You're responsible for anything done through your account.
• If you add a site supervisor's name and mobile number, you confirm they've agreed to you giving us their details for that purpose.

4. Plans and payment

• Plans are priced by active sites, meaning jobs that haven't been closed. Solo covers 1, Builder 3, Pro 6 and Scale 10. Current prices are on our website and are in Australian dollars.
• Nothing is charged until you add your first job. Your plan then renews monthly in advance on the same date, charged to the card you give our payment provider, Stripe. We never see or store your full card number.
• Moving up a plan. If adding a job takes you past your plan's limit, we'll show you the exact amount before charging. If you confirm, you pay the difference for the rest of that billing month straight away, and the higher price applies from your next billing date.
• Moving down a plan. When closing jobs takes you under a lower plan's limit, the change applies from your next billing date. You keep what you've paid for until then, and we never leave you on a higher plan than you need.
• Failed payments. If a payment fails, Stripe will retry it. While it's outstanding you can't add new jobs. If it stays unpaid, we may pause your account after telling you first.
• Price changes. We'll give you at least 30 days' notice by email before a price change affects you. If you don't want to continue, you can cancel before it takes effect.

5. Cancelling

You can cancel any time from Billing, with no lock-in and no cancellation fee. Your plan stays active until the end of the billing month you've already paid for, and nothing more is charged after that.

We don't refund part-months for a cancellation you choose to make. This doesn't limit any refund you're entitled to under Australian Consumer Law, for example if the service fails in a major way.

When your plan ends, the pages for jobs still under way stop being available to neighbours and no more updates can be sent. Pages for jobs you've already closed stay online, marked complete, so a neighbour scanning an old sign still finds something useful. Your account itself stays open and free, ready for your next job.

6. Site signs

Each new job includes one BuildKind site sign carrying that job's QR code, posted to the address you give us. If a sign is lost or damaged and you'd like another, we'll tell you the cost before sending one.

7. What you post

You're responsible for the updates you send and the details on your project pages. When you post, you agree that:

• updates are accurate and about work on that site;
• you won't include anyone's personal information, such as a neighbour's name, address or complaint;
• you won't use BuildKind for advertising, promotions or anything unrelated to the build;
• nothing you post is unlawful, misleading, defamatory or offensive.

You keep ownership of what you post. You give us permission to host it, display it on your project pages and send it to subscribed neighbours, for as long as it's needed to run the service. We may remove content that breaks these terms, and we'll tell you if we do.

8. Neighbours

Neighbours choose to receive updates and can turn them off at any time. You won't be given, and mustn't try to obtain, any way of identifying or contacting the neighbours who subscribe. When a job is closed, its neighbours stop receiving updates.

9. What we provide, and its limits

We work to keep BuildKind running reliably and securely, but we can't promise it will always be available or free of errors.

Notifications are delivered through Apple, Google and other providers' systems, which we don't control. A neighbour's phone settings, battery saving or operating system can delay or stop a notification. We'll tell you honestly how many neighbours are subscribed and, where their device confirms it, how many received an update. We can't guarantee that every subscribed neighbour sees every update.

10. Australian Consumer Law

Our services come with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or changes those rights.

Because BuildKind is supplied for business use, where the law allows it our liability for a failure to meet a consumer guarantee is limited, at our choice, to supplying the service again or paying the cost of having it supplied again.

11. Limits on liability

To the extent the law allows:

• we're not liable for indirect or consequential loss, such as lost profits, lost jobs, delays or complaints made about your building work;
• BuildKind helps you keep neighbours informed but doesn't replace your obligations under council conditions, permits or building law, including any notice you're required to give neighbours;
• our total liability to you is limited to the fees you paid us in the 12 months before the claim.

None of this limits liability that can't be limited by law, or liability for our own fraud or deliberate misconduct.

You agree to cover our reasonable losses if a third party makes a claim against us because of something you posted through BuildKind that breaks these terms.

12. Suspension and closing accounts

We may suspend or close an account that seriously or repeatedly breaks these terms, for example by using BuildKind to harass neighbours. Unless it's urgent, we'll tell you first and give you a chance to fix it.

You can ask us to close your account at any time by emailing info@getbuildkind.com.au. What happens to your information is explained in our Privacy Policy.

13. Changes to these terms

We may update these terms as BuildKind develops. If a change affects you in a meaningful way, we'll email you at least 30 days before it takes effect. The date at the top shows when they last changed.

14. General

These terms are governed by the laws of New South Wales, Australia, and the courts of that state have jurisdiction. If any part of these terms can't be enforced, the rest still applies.

Questions about these terms can go to info@getbuildkind.com.au.