Terms & Conditions

These Terms & Conditions form a binding agreement between you ("you", "the customer") and Tender Check Pty Ltd ABN 00 000 000 000 ("we", "us", "Tender Check"). By submitting an order through tender-check.com, you accept these Terms.

1. What we provide

Tender Check provides a written report ("the Report") which:

• Aggregates information from your supplied tender document and architectural drawings against publicly available market and regulatory data;
• Identifies clauses, allowances, and inclusions in the tender that other Australian homeowners and industry practitioners commonly consider material;
• Provides indicative market price ranges for items disclosed in the tender, with confidence bands and source citations;
• Where included, summarises factual information from public regulatory records about the named builder.

The Report is delivered as a PDF document within 24 hours of you completing the order and uploading the required materials, except where notice of a longer turnaround is given at order.

2. What we do not provide

The Report is not, and must not be relied upon as:

• Legal advice. We do not advise on the legal effect of contract clauses, the enforceability of provisions, your statutory rights, or the implications of signing the contract;
• Financial advice. We do not advise on whether the financial commitment is suitable for your circumstances, your ability to service the contract, or any tax implications;
• Professional quantity surveying advice. We are not a registered quantity surveying practice. The Report is not a certified cost plan. It cannot be relied upon by banks, courts, the Australian Taxation Office, or other third parties as a professional QS deliverable;
• A recommendation to sign or not sign. The Report does not state whether you should enter into the building contract. That decision is yours;
• A prediction. Statements in the Report about a builder's status are factual and dated to the public record at the time of report production. They are not forecasts of future events.

3. Required independent advice

You acknowledge and agree that, before signing any residential building contract, you will or have:

• Obtained independent legal review of the building contract from a licensed Australian building solicitor; and
• Where appropriate to the financial scale of the contract relative to your circumstances, obtained independent financial advice from a licensed financial advisor.

The Report is intended to help you ask better questions of these professionals — it is not intended to replace them.

4. Source data and accuracy

The Report aggregates information from public sources including but not limited to: ASIC Connect, state building practitioner registers, the Australian Bureau of Statistics, supplier published pricing, consumer review platforms, and published news media. Each material factual statement in the Report is cited to its primary source.

We make reasonable efforts to ensure the accuracy of public-source information at the time of report production. We do not warrant that third-party sources are themselves accurate or complete. Where we identify a material factual error in a Report after delivery, we will issue a corrected version at no additional cost.

Construction cost figures provided in the Report are estimates calibrated against current market data. They carry confidence bands stated in the Report. Actual costs in your project may differ materially due to site conditions, market movements, builder selections, or other factors outside the scope of the Report.

5. Customer obligations

You warrant and represent that:

• You are the named recipient of the tender document and architectural drawings submitted to us, or you have the right to submit those documents to us;
• The materials you submit are complete and current as of the order date;
• You will not represent the Report to any third party as professional legal, financial, or quantity surveying advice;
• You will not publish the Report in whole or in substantial part without our written consent;
• The Report is for your personal use in connection with the named tender and may not be transferred or relied upon by third parties.

6. Privacy

We store materials you submit (tender, drawings, onboarding answers) in secured, encrypted storage. We retain materials for 30 days following report delivery for quality assurance and dispute resolution, then delete them. We may retain anonymised summary data (e.g. de-identified line-item costs) to improve our calibration over time. You may request deletion of your materials at any time by emailing hello@tender-check.com.

Our Privacy Policy at /legal/privacy sets out further detail.

7. Refunds

If, in our reasonable opinion, the materials you have submitted are insufficient or unsuitable for us to produce a useful Report (for example, drawings that cannot be read, or a tender that does not relate to a fixed-price residential building contract), we will notify you and refund 100% of the fee paid.

If the Report contains a material factual error attributable to us, you may request a corrected version at no charge or a refund of the fee.

Where the Report has been delivered without material error, fees are non-refundable.

8. Limited liability

To the maximum extent permitted by law:

• Our total aggregate liability to you arising out of or in connection with the Report and these Terms is limited to the fee you have paid us;
• We exclude all liability for indirect, consequential, special, or punitive damages, including but not limited to loss of profits, loss of opportunity, or loss arising from your decision to sign or not sign a building contract;
• You acknowledge that the Report is an information service and that any decisions made by you on the basis of the Report (including but not limited to entering into a contract, declining to enter into a contract, or negotiating the terms of a contract) are made at your own risk and on your own professional advice.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.

9. Insurance

We hold professional indemnity insurance commensurate with the scale and risk of the information service we provide. Details available on request.

10. Intellectual property

The Report is provided to you for your personal use in connection with the named tender. We retain copyright in the Report's content, structure, and underlying calibration data. You may share the Report with your building solicitor, financial advisor, or qualified professional advisors in connection with the named tender, but you may not republish it.

11. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

12. Changes to these Terms

We may update these Terms from time to time. The version in force at the date you place your order is the version that governs that order. The current version is always at this URL with the "last updated" date at the top.

13. Contact

Questions about these Terms or about a Report can be sent to hello@tender-check.com.

These Terms have been drafted in plain English with the intention of being readable by a homeowner. They are not a substitute for independent legal advice on whether the Tender Check service is right for your circumstances. If you have questions about the Terms before placing an order, please email us and we will answer them.