Published on:
November 16, 2022
Effective on:
February 16, 2022
CostCertified Inc. Terms and Conditions
CostCertified Inc. ("CostCertified" or "We") provides a construction industry Software as a Service platform ("Platform", which includes the Website and App) more fully described on the website CostCertified.com ("Website") and in the CostCertified mobile applications ("App") through which the Services (as defined below) can be accessed. Certain parts of the Service are provided on a subscription basis as further described on the Website under specific subscription plans offered by COSTCERTIFIED from time to time. This Agreement applies to anyone ("You") who subscribes for or otherwise uses the Services.
THESE TERMS (WHICH, TO THE EXTENT APPLICABLE, TOGETHER WITH ORDER FORM ARE COLLECTIVELY REFERRED TO AS THE "AGREEMENT") CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES SO YOU SHOULD READ IT CAREFULLY BEFORE USING THE SERVICES. EITHER BY ACCESSING THE SERVICES, REGISTERING AN ACCOUNT, CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS HEREOF. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Agreement" means these terms and, where applicable, any Order.
"Contractor" means a construction service provider who contracts directly with Purchasers.
"Purchaser" means an individual who contracts, or is seeking to contract, with a Contractor for receipt of construction services.
"Documentation" means the applicable Service’s documentation and its usage guides and policies, as updated from time to time, accessible via CostCertified.com or login to the applicable Service.
"Fees" means the fees payable for any Services that are provided subject to payment of applicable fees.
"Marketplace" or "Marketplace Service" means the marketplace component of the Service where Users may enter into agreements directly with each other, as facilitated by the Service.
"Order Form" or "Order" means an ordering document or online order specifying the Services to be provided hereunder that is entered into between You and CostCertified or any of their Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
"Services" means the products and services of the Platform that are used by a User, whether through simply accessing the Platform or as subscribed for through an Order.
"Subcontractor" means a construction service provider who is, or who may be, subcontracted by a Contractor.
"Supplier" means a supplier of physical goods to Contractors and Subcontractors.
"Third Party Application" means a Web-based, mobile, offline or other software application functionality that interoperates with a Service, that is provided by You or a third party, including without limitation Salesforce.com.
"User" means, in the case of an individual accepting these terms on his or her own behalf, such individual, or, in the case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by You to use a Service, for whom You has purchased a subscription (or in the case of any Services provided by CostCertified without charge, CostCertified whom a Service has been provisioned), and to whom You (or, when applicable, COSTCERTIFIED at Your request) has supplied a user identification and password (for Services utilizing authentication). Users may include, for example, employees, consultants, contractors and agents of You, and third parties with which You transact business.
"Your Data" means electronic data and information submitted by or for You to the Services.
2.1 Eligibility. If an individual, You must be the age of majority in your jurisdiction to use the Services. If you are using the Services on behalf of a company, you must have the authority to bind the company. By using the Website, App or Services on behalf of any entity or partnership, you hereby represent and warrant that the individual accepting these Terms is duly authorized to accept the Terms on such third party’s behalf and such third party has the full power to enter into these Terms and perform its obligations hereunder.
2.2 Account. In order to use CostCertified Services, you must register for an account (your "Account"). You agree to (a) provide accurate, current and complete information as may be prompted by any registration forms ("Registration Data"); (b) maintain the security of your password; and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date. When registering an Account you may register as a Contractor, Subcontractor, Supplier or Purchaser.
2.3 Personal Information. When registering with CostCertified, we may require you to provide us information about each of Your Users such as name, e-mail address, phone number, address, name of company or companies, and related personal information. This information will be collected, used and disclosed in accordance with our Privacy Policy. Certain personal information that you choose to make available to other users will be published on your Platform profile page. If you provide personal information of a third party, you agree that you have received consent from that party to provide the personal information to CostCertified.
2.4 Billing Information. Users who subscribe for Services that are subject to payment of Fees are required to provide valid banking information or other acceptable payment information to register (collectively known as "Billing Information"), which will be provided to CostCertified’s third-party payment processor ("Payment Processor") and used for payment of fees owed under these Terms. Users shall advise CostCertified within 10 business days if their Billing Information changes due to loss, theft, cancellation, expiry or otherwise, and Users shall be liable for any failure to pay Fees caused by out-of-date billing information or other fees incurred by CostCertified due to failure to pay Fees when due or wrongfully disputing any Fee payment. CostCertified reserves the right to suspend access to the Service if any Fees are outstanding.
2.5 Profile Page and Rating and Review Feature. CostCertified collects feedback and ratings from Users (including developers, builders, contractors and subcontractors) about their experience working with other Users. CostCertified uses this feedback to provide other Users with information on other Users. CostCertified publishes feedback and comments about Users on the Services so that Users can review and evaluate the experiences of other Users. If you have any concerns about the feedback that is published about you, please contact us at support@costcertified.com
3.1 Provision of the Services. CostCertified will make some or all of the Services available to Users pursuant to this Agreement and the applicable Order Forms. Services that are subject to Fees may be subscribed for by Users through the submission of an Order to CostCertified, which Order shall become binding on acceptance by CostCertified (each a "Paid Subscription"). For Paid Subscriptions, Cost Certified will (a) use commercially reasonable efforts to make such Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which CostCertified shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond CostCertified ’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving CostCertified employees), Internet service provider failure or delay, Third Party Application, or denial of service attack, and (b) provide the Services in accordance with laws and government regulations applicable to CostCertified ’s provision of its Services to its customers generally (i.e., without regard for Your particular use of the Services), and subject to Your use of the Services in accordance with this Agreement, the Documentation and the applicable Order Form.
3.2 Protection of Your Data. CostCertified will maintain appropriate administrative, physical, and technical safeguards in accordance with good industry standards that is designed to protect the security, confidentiality and integrity of Your Data. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Your Data (other than by You or Users). Upon request by You made within 30 days after the effective date of termination or expiration of this Agreement, CostCertified will make Your Data available to You for export or download as provided in the Documentation. After such 30-day period, CostCertified will have no obligation to maintain or provide any of Your Data, and as provided in the Documentation will thereafter delete or destroy all copies of Your Data in its systems or otherwise in its possession or control, unless legally prohibited.
4.1 Subscription Fees. Access to the CostCertified Platform is provided on a Software-as-a-Service basis and requires all Users to have a valid subscription. We may charge Users a Fee to access and use parts of the Services that are subject to Paid Subscriptions, where subscribed for in accordance with section 3.1.
4.2 Additional one-time or Add-on Fees. Users may purchase one-time services or add-on additional services either separately to or as part of their Paid Subscription. Such additional fees will either be indicated at the time of incurrence or, in respect of Paid Subscriptions, will be as set forth in the applicable Order. Without limiting the foregoing, CostCertified may also automatically charge Users add-ons or one-time service fees as Users exceed their subscription limits for Paid Subscriptions. The fees for one-time services or add-ons will be determined at the time of purchase of such services.
4.3 Renewals. Paid Subscriptions automatically renew at the end of the subscription term indicated in the applicable Order unless cancelled by the User at least 30 days’ prior to the renewal date. Subscription fees are subject to change to the subscription cost at the time of renewal.
4.4 Upgrades. Any upgrade to the original Paid Subscription will result in a new subscription fee, prorated based on the date subscription was upgraded. CostCertified may automatically upgrade User subscriptions based on usage of services to prevent disruption of services to the User. CostCertified will provide notice at least 5 days prior to changing the subscription.
4.5 Downgrades. Any downgrade will result in a new subscription fee charged during the next billing cycle. There is no prorating for downgrades during the term of the subscription.
4.6 Cancellations. Users may cancel their Paid Subscription which will take effect during their next billing cycle. CostCertified does not provide refunds for any type of cancellation.
4.7 Fees for Escrow and Payment Services. CostCertified charges transaction fees for use of certain escrow and payment services. Fees are set out in the ordering document at the time you register for such services ("Transaction Fees"). The Transaction Fees will be calculated as a percentage of the gross total value of the transaction, which will be quoted to User on the CostCertified Platform at the time of the transaction. CostCertified reserves the right to change any fees at our sole discretion by providing 30 days’ notice.
4.8 Payment Method. In order to use the Services, CostCertified requires Users to provide approved payment processing information (e.g., Billing Information) before entering into any Projects. Users hereby agree that all payments will be processed by CostCertified’s third-party payment processors (each a "Payment Processor") and that all such payments will be governed by Payment Processor’s terms and conditions and privacy policy available at: costcertified.cc/pub/legal or as otherwise published by the Payment Processor.
4.9 Taxes. The Subscription Fees and Transaction Fees may be subject to applicable sales taxes which will be determined by CostCertified and added to the respective fees. CostCertified reserves the right to deduct the Fees and any applicable taxes from the User's account.
4.10 Contractor Taxes. Each contractor or subcontractor, as applicable, hereby agrees and acknowledges that it is exclusively responsible for determining the amount of all applicable taxes to be charged on all job fees and is exclusively responsible for posting such fees, inclusive of all applicable taxes and any required tax identification numbers, on the invoices generated by the CostCertified Platform. For greater certainty, Users hereby agree and acknowledge that CostCertified is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with User’s job fees. Each User hereby represents and warrants that all tax information it provides in connection with its use of the CostCertified Platform is accurate. Notwithstanding the foregoing, each User remains solely responsible for ensuring all applicable taxes are properly calculated.
4.11 Purchaser Taxes. CostCertified is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with a Purchaser’s engagement of a contractor or sub-contractor, as applicable.
4.12 Refunds. CostCertified does not offer refunds.
5.1 Project. Users may use the Marketplace Service to negotiate and enter into project work orders with other Users ("Projects"). Projects may include scope of work, maximum hours, payments terms, and payment schedule, and may be based on hourly rates, fixed fees, or such other basis as may be agreed to between the applicable Users.
5.2 Marketplace terms. CostCertified’s Marketplace is only a platform for connecting Users. Users contract directly with the other User or third-party they hire and are free to negotiate the terms of the Project. Nothing in our involvement in the Marketplace and payment process makes us responsible for the actions of a User. By using the Marketplace Services, you understand and acknowledge that CostCertified provides a marketplace that simply connects Users, and that all Users are independent contractors and not employees of CostCertified. Users are solely responsible for setting the terms of any agreement between them through the Service, and subsequently complying with and enforcing any such agreement. CostCertified is not responsible for any User’s conduct, nor will we be responsible for or liable in any way for any act or omissions of any User or third party’s or for any damage however caused in connection with or in relation to any and all use of the Services. CostCertified does not endorse any Users. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity or other information provided by such User. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Users.
5.3 Inter-User Agreements. In the event that any Users wish to enter into an agreement regarding a Project, ANY SUCH AGREEMENT AS BETWEEN USERS SHALL BE A SEPARATE AGREEMENT AS BETWEEN OWNER AND CONTRACTOR AND SHALL NOT INCLUDE COSTCERTIFIED AS A PARTY. COSTCERTIFIED CANNOT AND DOES NOT CONTROL THE RELATIONSHIP BETWEEN USERS, OR THE SERVICES PROVIDED BY ANY USER. COSTCERTIFIED IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL WORKS OR OTHER ACTIONS OR OMISSIONS OF ANY USER. ACCORDINGLY, ANY AGREEMENT IN RESPECT OF ANY PROJECT BETWEEN ANY USERS WILL BE MADE AT THE USERS OWN RISK. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal or financial remedy from CostCertified with respect to such actions or omissions.
5.4 Disclaimer. We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on CostCertified. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact by means of the Platform. All Users are independent third parties. We do not endorse any persons who use or register for our Services.
5.5 Insurance. Each User, at its sole discretion and expense, will maintain the appropriate insurance in accordance with industry standards and as required by law.
5.6 Regulatory Compliance: As part of the payment services in respect of any Project, CostCertified may allow Users to deposit funds and pay out other Users. Accordingly, CostCertified is governed by, and committed to full compliance with, all applicable laws and regulations ("Applicable Laws"), including without limitation regarding Anti- Money Laundering ("AML"). Users may be required to provide photo identification or other personal information to verify their identity in order to process a transaction using the Services. CostCertified reserves the right to limit the amount of deposits and payouts through the Services, or otherwise restrict use of the Services, in its sole discretion, in order to comply with its obligations under Applicable Laws.
6.1 Project Deposit. Any User using the Platform to purchase services from another User under a Project may fund their Account by making a deposit ("Project Deposit"). A minimum contract amount may be required before any other User begins performing the services agreed between the Users. Once the Contractor indicates through the Platform that work on the Project has begun, the Purchaser will not be able to withdraw funds from the Project Deposit. Purchaser Deposits may also be subject to additional terms as may be imposed by the applicable payment processor such as Stripe.
6.2 Contractor Pay-out. Upon completion of the job under a Project, the Contractor shall use the Platform to notify the Purchaser. Unless otherwise specified in a Project, the Purchaser shall either (a) confirm the work is completed, in which case any payment owing to the Contractor will be debited from the purchaser’s Account and paid the Contractor; or (b) notify the Contractor that the work is not complete. If the work is marked by the Purchase as "incomplete" or the Purchaser does not respond, the Purchaser and Contractor shall cooperate in good faith to resolve the dispute. Contractor and the Purchaser acknowledge that any payment may be delayed by up to 5 days for payment processing.
6.3 Mediation. In the event of a dispute between Users regarding any payment from a Project Deposit that cannot be resolved directly between the Users, Users shall seek to resolve such dispute through mediation, which may be facilitated by CostCertified. In the event that the parties inform CostCertified that they have not reached a settlement through mediation, the remaining balance of the Project Deposit held by CostCertified shall be refunded to the Purchaser (less any transaction Fees owed to CostCertified and any amounts already approved to be paid by Purchaser).
6.4 Acceptance. The purchaser agrees that acceptance of the work through the Platform constitutes legal and binding acceptance. Once the Purchaser marks work as being complete, the Purchaser agrees that CostCertified may release all project Deposit amounts, waives all claims against CostCertified in respect of such release, and shall indemnify and hold harmless CostCertified in connection with the Project.
7.1 Additional Franchise Terms. Where indicated in an Order Form, certain functionality within the Service may be subscribed for by Users as either a "Franchisor" or a "Franchisee". In such event, the additional terms set out in this sub-section shall apply.
7.2 Franchisor Terms. Where the Service is subscribed for by a Franchisor, the following additional terms shall apply:
7.3 Franchisee Terms. Where the Service is subscribed for by a Franchisee, the following additional terms shall apply:
8.1 License. Subject to your compliance with these Terms and your payment of any fees owed hereunder, CostCertified grants you a non-transferable, non-exclusive, license to (a) access and use the Platform and the Services, and (b) download, install and use the App, if available, on a mobile device that you own or control for your use (the "License"). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the CostCertified names, trademarks, logos or other distinctive brand features without our prior written consent.
8.2 Reservation of Rights. The Services and Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "CostCertified Content"), and all intellectual property rights related thereto, are the exclusive property of CostCertified and its licensors. Use of the CostCertified Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
8.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CostCertified under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone
8.4 User Content. CostCertified does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the CostCertified Website, App or Service, including but not limited to resumes, job descriptions, photos, graphics, designs, drawings, electronic documents and comments ("User Content"). However, by using the Website, App and/or Services, you grant CostCertified a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website, App and Services.
CostCertified may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the CostCertified Website and the Services only for purposes as permitted by these Terms. CostCertified reserves the right to modify or impose any limitations on the use of the CostCertified Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any User’s use of the CostCertified Platform at any time without any liability whatsoever to the User as the case may be. In using the CostCertified Website and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the CostCertified Website, App or the Services;
(c) upload, post, email, transmit or otherwise make available any material that is:
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the CostCertified Website, App or any software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
(g) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Service or the Site;
(j) use CostCertified to find a contractor and then complete the transaction offline in order to circumvent your obligation to pay for the Service; or
(k) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold CostCertified, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your misuse of the Website, App or Services in breach of this Agreement; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) dispute arising in relation to any inter-User agreement, whether arising under an agreement entered into through the Marketplace or otherwise. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
11.1 Termination by CostCertified. CostCertified may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, Code of Conduct, or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the CostCertified Website, App or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by CostCertified in its sole discretion, and CostCertified will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
11.2 Closing of Account by User. At any time, a User may terminate and close the User’s Account, provided that the Account is in "good standing". An Account will be considered to be in good standing if (a) there are no active Projects; (b) there are no active outstanding payments owed to other Users; and (c) there are no outstanding fees owed to CostCertified.
12.1 Advertisements. You acknowledge and agree that the Website may contain advertisements from Users and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that CostCertified shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
12.2 Links The Website and App may contain links to other websites that are not owned or controlled by CostCertified. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by CostCertified of that third party, third-party product or service. CostCertified is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that CostCertified endorses or accepts any responsibility for the content or use of such websites, and you hereby release CostCertified from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
The Platform and Services are provided "as is'' and on an "as available" basis. CostCertified specifically disclaims all representations, warranties and conditions of any kind relating to the CostCertified website, app and the services, including but not limited to any implied warranties or conditions of merchantability or merchantable quality, satisfactory quality or fitness for a particular purpose.
Any material transmitted, stored, accessed or otherwise maintained through the use of the services is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the website, app or services. no advice or information, whether oral or written, obtained by you from CostCertified or through or from the services shall create any warranty or condition not expressly stated in these terms.
Under no circumstances shall CostCertified be liable for any damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use the CostCertified website, app or the services, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the services, any bugs, viruses or other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the CostCertified website, or (v) any dealings or transactions between you and any persons or users whom you send or transmit any content to using the service, including without limitation any products or services offered by you to such persons.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, as such, to the extent such exclusions or limitations are specifically prohibited by law, some of the exclusions or limitations set forth below may not apply to you.
This Agreement shall be governed by the laws in effect in the Province of Alberta, Canada. No choice of laws or rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Alberta located in Calgary shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the CostCertified Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
These Terms, together with the Privacy Policy, constitute the entire agreement governing use of the CostCertified Website, App and the Services and all related activities. We reserve the right to modify or change the CostCertified Website, App and the Services at any time without notice or liability to you. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. CostCertified may modify these Terms at any time in our sole discretion by posting a notice on the Website or App, such change taking effect from the time that next access the Service. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. CostCertified may assign these Terms for any reason without notice to you.
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Last updated: 16 Nov 2022
CostCertified Inc. Privacy Policy
CostCertified (“CostCertified”, “we”, “us”) has created this Privacy Policy (“Privacy Policy”) in order to set out how we collect, use, and disclose personal information through our CostCertified software-as-a-service construction sales and job management platform (the “Platform”) including through our provision and your use of the Services (as defined in the CostCertified Terms & Conditions and the Portal Terms of Use).
Our Platform enables registered users, such as homeowners, developers and builders, to manage payments and contract with contractors and subcontractors (collectively, “Users”). The privacy of our Users is of great importance to us. By visiting any of our websites located at https://costcertified.com/, and https://costcertified.cc/, including all subpages, (collectively, the “Website”) or using the Platform or Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.
This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual (“Personal Information”). Personal Information may be collected about our Users and visitors to the Website, as well as any individuals whose Personal Information is uploaded by a User.
This Privacy Policy does not apply to the practices of companies that we do not own or control. Our Users are responsible for maintaining their own privacy policies governing the collection, use and disclosure of Personal Information. You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy.
3.1 Account Information. In order to use the Services, Users may be required to have a valid CostCertified account to log in to the Platform (“Account”). When you register for the Services or create an Account, CostCertified collects your name, email address, phone number and address (“Account Information”).
CostCertified uses the Account Information to:
3.2 Banking Information and AML. If you conduct any transactions on the Platform. CostCertified will collect your banking information in order to process transactions and withdraw transactions fees owed. Users may be required to provide photo identification or other Personal Information (and supporting documentation) to verify their identity in order to process a transaction using the Services, which CostCertified will use in order to comply with applicable laws and regulations regarding Anti-Money Laundering.
CostCertified processes and stores its data, including Personal Information, on servers located in Canada and the United States. CostCertified also transfers data to the third-party service providers described in Section 5.1. By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in Canada and the United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the U.S. under lawful access regimes or court order.
5.1 Service Providers and Business Partners. We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage includes third party companies and individuals employed by us to facilitate our services, including the provision of database management, payment processing and customer relationship management tools. In particular, CostCertified uses the following third-party service providers that process Personal Information on behalf of CostCertified: Amazon Web Services, Stripe, LogRocket, HubSpot, IPStack, Sendgrid and Twilio.
5.2 Business Transfers. If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.
5.3 With Your Consent. If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.
5.4 As required by law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other End Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.
We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or Platform or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website, Platform or Services after such changes have been first posted.
Questions regarding this Privacy Policy or CostCertified’s privacy practices should be directed to our Privacy Officer:
support@costcertified.com