1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Robert Kowalski (trading as BIM Takeoff, "we", "us", or "our") regarding your access to and use of our website, services, and professional construction cost estimation services.

By accessing our website at bimtakeoff.com or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Company Information

3. Services Provided

We provide professional construction cost estimation and quantity surveying services including:

• BIM 5D cost estimation and quantity takeoff services
• Traditional quantity surveying and cost planning
• MEP (Mechanical, Electrical, Plumbing) cost estimation
• Specialist trade estimation (drylining, fire protection, facades, structural works)
• Construction data management and reporting
• Bid writing and tender management support
• Multi-scenario cost analysis
• Fast-track cost control and budget planning

4. Service Engagement and Contracts

4.1 Project Quotations

All project quotations are provided based on information supplied by the client at the time of inquiry. Quotations are valid for 30 days unless otherwise stated and are subject to verification upon receipt of complete project documentation.

4.2 Service Agreements

Individual service contracts will be established for each project, detailing:

• Scope of services and deliverables
• Project timelines and milestones
• Fee structure and payment terms
• Data handling and confidentiality provisions
• Intellectual property rights

4.3 Client Responsibilities

Clients are responsible for:

• Providing accurate and complete project documentation
• Timely responses to information requests
• Clear communication of project requirements and changes
• Payment of fees according to agreed terms

5. Intellectual Property Rights

5.1 Our Property

All methodologies, processes, templates, software, and proprietary estimation techniques used by BIM Takeoff remain our exclusive intellectual property.

5.2 Client Materials

Clients retain all rights to their original project documentation, drawings, and specifications. We use client materials solely for the purpose of providing agreed services.

5.3 Deliverables

Upon full payment, clients receive a license to use deliverables (cost estimates, quantity takeoffs, reports) for their specific project. This license does not include the right to modify our methodologies or reproduce our templates for other projects.

6. Professional Standards and Accuracy

6.1 Quality Standards

We provide services in accordance with recognized professional standards including:

• RICS (Royal Institution of Chartered Surveyors) professional standards
• ISO 19650 BIM information management standards
• Local regulatory requirements for construction cost estimation
• Industry best practices for quantity surveying

6.2 Estimation Accuracy

While we strive for maximum accuracy (typically ±3-5% variance on complete documentation), cost estimates are professional opinions based on available information at the time of preparation. Actual construction costs may vary due to:

• Market price fluctuations
• Changes in project scope or specifications
• Site conditions and unforeseen circumstances
• Contractor procurement and execution methods

7. Confidentiality and Data Protection

We maintain strict confidentiality regarding all client projects and information. Our data protection practices are detailed in our separate Privacy Policy, which complies with GDPR (EU), UK GDPR, and applicable Australian privacy legislation.

8. Payment Terms

8.1 Fee Structure

Fees are agreed in writing before project commencement and may be structured as:

• Fixed project fees
• Hourly rates for specific services
• Retainer agreements for ongoing support
• White-label or partnership arrangements

8.2 Payment Schedule

Unless otherwise agreed, payment terms are typically:

• 50% deposit upon project commencement
• 50% balance upon project completion
• Milestone payments for larger projects

8.3 Late Payment

Late payments may incur interest charges as permitted by applicable law. We reserve the right to suspend services for accounts more than 30 days overdue.

9. Limitation of Liability

9.1 Service Liability

Our liability for any claim arising from our services is limited to the fees paid for the specific service giving rise to the claim, unless otherwise agreed in writing or required by law.

9.2 Indirect Damages

We are not liable for indirect, consequential, or special damages including loss of profits, business interruption, or loss of opportunity, except where prohibited by law.

9.3 Third-Party Reliance

Our deliverables are prepared solely for the engaging client and may not be relied upon by third parties without our express written consent.

10. Termination

10.1 Termination by Client

Clients may terminate services with 14 days written notice. Fees for work completed to the date of termination remain payable.

10.2 Termination by BIM Takeoff

We may terminate services immediately if:

• Payment obligations are not met
• Client breaches material terms of the agreement
• Provision of services becomes illegal or impractical

11. Governing Law and Jurisdiction

11.1 UK Projects

Services provided to UK-based clients are governed by English and Welsh law, with jurisdiction in English courts.

11.2 Polish Projects

Services provided to Polish clients are governed by Polish law, with jurisdiction in Polish courts, and comply with RODO (Polish GDPR implementation).

11.3 Australian Projects

Services provided to Australian clients are governed by Australian law in the applicable state or territory, with jurisdiction in courts of that location.

12. Dispute Resolution

We encourage resolution of disputes through good-faith negotiation. If negotiation fails, parties agree to attempt mediation before pursuing litigation. Costs of mediation shall be shared equally unless otherwise agreed.

13. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or utility failures.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients via email. Continued use of services after modifications constitutes acceptance of revised Terms.

15. Contact Information

For questions regarding these Terms of Service, please contact us: