Terms of Service

These terms are a contract between you and Ted Kam Consulting Ltd. ("Estiquik", "we") covering your use of the Estiquik estimating and invoicing service. By creating an account or using the service, you agree to them. If you are agreeing on behalf of a company, you confirm you are authorised to bind that company.

1. The service

Estiquik provides web-based tools for building renovation estimates, storing client records, and producing invoices. We grant you a non-exclusive, non-transferable, revocable right to use the service for your own business purposes while your subscription is active and you comply with these terms.

2. Accounts and eligibility

• You must be at least 18 and able to form a binding contract.
• You must give accurate registration information and keep it current.
• You are responsible for your password and for everything done under your account. Tell us promptly at support@estiquik.com if you suspect unauthorised access.
• Accounts are for a single business. Sharing one login across separate businesses is not permitted.

3. Subscriptions, billing and refunds

Estiquik is sold on a subscription basis, billed monthly or annually in advance at the prices shown on the Billing page. Payments are processed by Stripe; by subscribing you also accept Stripe's terms.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Cancelling. You may cancel at any time from the Billing page. Cancellation stops future charges; access continues to the end of the period already paid for.
• Refunds. [STATE YOUR REFUND POLICY — e.g. "Fees are non-refundable except where required by law"]. Consumer protection law in some places grants refund or cooling-off rights that override this.
• Price changes. We may change prices with at least [30] days' notice before your next renewal. Continuing after that date accepts the new price.
• Taxes. Prices exclude sales tax, GST/HST or VAT unless stated. You are responsible for any such taxes on your subscription.
• Failed payment. If a payment fails we may suspend access until it is resolved.

4. Trials and promotional codes

We may offer free trials or access codes. These are granted at our discretion, are personal to your account, carry no cash value, and may be withdrawn or expire. Unless stated otherwise, a trial converts to a paid subscription only if you choose a plan.

5. Your data and your customers' data

You own your content. Estimates, invoices, client records and everything else you enter remain yours. You grant us only the licence needed to host, process, back up and display that content in order to operate the service for you.

Where your content includes personal information about your own customers, you are the data controller and we act as your processor. You are responsible for having a lawful basis to collect and store that information and for informing the individuals concerned. We process it only to provide the service, as described in our Privacy Policy.

6. Estimates, pricing data and tax rates

7. Acceptable use

You agree not to:

• Use the service unlawfully, or to store data you have no right to hold
• Reverse engineer, decompile, scrape or copy the service or its underlying data sets
• Resell, sublicense or white-label the service without our written agreement
• Attempt to access another user's account or data, or probe or test our security
• Upload malicious code, or interfere with the service's operation or availability
• Use the service to send unsolicited marketing to the people in your client records

We may suspend or terminate accounts that breach this section.

8. Intellectual property

The Estiquik software, its name and branding, its interface, its estimate templates and its regional pricing data are owned by us and protected by intellectual property law. These terms grant you a right to use the service, not any ownership in it. Feedback you send us may be used to improve the product without obligation or compensation, but we will not publicly attribute it to you without permission.

9. Availability and support

We aim to keep the service available but do not guarantee uninterrupted access. We may perform maintenance, and we depend on third-party infrastructure that can fail. No formal uptime service level is offered at the current price point. Support is provided by email at support@estiquik.com on a reasonable-efforts basis during business days.

10. Disclaimer of warranties

To the fullest extent permitted by law, the service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy or completeness of pricing or tax data. Some jurisdictions do not allow certain disclaimers, in which case they apply to the extent permitted.

11. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business or lost data, even if advised of the possibility.

Our total aggregate liability arising out of or relating to the service, whether in contract, tort or otherwise, will not exceed the greater of (a) the fees you paid us in the [12] months before the event giving rise to the claim, or (b) CAD 100.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

12. Indemnification

You agree to indemnify and hold us harmless from claims, damages and reasonable costs arising from your content, your use of the service in breach of these terms or applicable law, or a claim by one of your customers relating to information you stored about them or a document you produced for them. We will notify you of any such claim and you may control the defence, provided any settlement that imposes an obligation on us requires our consent.

13. Term and termination

• These terms apply while you have an account.
• You may stop using the service and close your account at any time.
• We may suspend or terminate your account for a material breach, giving you [14] days' notice and an opportunity to fix it where the breach can be fixed — or immediately for unlawful use or conduct that threatens the service or other users.
• Export your data before closing your account. After termination we may delete your content as described in the Privacy Policy.
• Sections 5, 8, 10, 11, 12, 15 and 16 survive termination.

14. Changes to the service and these terms

We may change or discontinue features. If we discontinue the service entirely, we will give you reasonable notice and an opportunity to export your data. We may update these terms; we will post the revised version with a new date, and for material changes give notice by email or in-app before they take effect. Continuing to use the service afterwards accepts the change.

15. Governing law and disputes

These terms are governed by the laws of Ontario, Canada, without regard to conflict of law rules. The courts of St. Thomas, Ontario have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court. If you are a consumer, this does not deprive you of protections available under the mandatory law of your place of residence.

Before starting formal proceedings, both parties agree to try in good faith to resolve the dispute by contacting the other at the address in section 17.

16. General

• Entire agreement. These terms and the Privacy Policy are the whole agreement between us on this subject.
• Severability. If a provision is unenforceable, the rest stays in force.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control.
• Independent parties. Nothing here creates a partnership, agency or employment relationship.

17. Contact

Ted Kam Consulting Ltd.
21 Hartland Circle, St. Thomas, ON N5R 0P2, Canada
support@estiquik.com