Terms of Service
Services
The following terms explain the obligations of eTool as a service provider and you as a customer. By accepting our services you acknowledge that you have read and understood the following terms and have the authority to act on behalf of any entity for whom you use the service.
General
eTool will to extent to which our available resources and ability allow commit to the following:
Take measures to ensure that Life Cycle Assessments provide reliable design advice
Take measures to ensure thatLife Cycle Assessment inaccuracies do not compromise the conclusions and recommendations drawn from the LCAs
Continually improve the quality, competitiveness and speed of our customer services
eTool agree to be bound by all deliverables and terms outlined in the quote.
The customer shall provide any information, instructions or decisions as are necessary so as not to delay eTool in the performance of the services. The customer acknowledges any requirement for re-work due to the provision by the customer of inaccurate or out-of-date information is not within the scope of the services and should it be necessary to complete the re-work eTool will provide a separate quote for consideration by the customer.
The use of the eToolLCD software in relationship to this agreement shall be governed by the eToolLCD Terms of Use as at the time of this agreement.
Customer Service
We are committed to providing exceptional customer service and high quality deliverables. Our staff are available to contact via phone, email or online conference the business hours of their primary office. Any contact outside of these hours will need to be prearranged with that particular staff member.
Scope, Price and Payment
The scope of the services provided by eTool are defined in the eTool quote for the works and limited to the deliverables in the quote.
eTool prices are aimed at offering a service that is expedient to price for all projects, of any typology and size. Prices generally reflect the value that the LCA services is likely to provide the customer, rather than the cost of delivering the service. This strategy aligns with our aim to proliferate the use of LCA in mainstream building design and significantly reduce green house gas emissions without reducing quality of life. We rely on a very efficient LCA process and as a result our quotes are quite generic allowing designers, developers and owner/builders to budget for LCAs without providing detailed project details.
Quotes issued by eTool for consultation services are valid for 28 days from the date of the quote, after which time it will expire and becomes null and void.eTool services will be not provided or charged unless an estimate has been accepted by the customer. By informing us in writing that you accept the quote you accept responsibility that you may act on the behalf of the entity the quote is addressed to commit to the scope, terms and price relating to the quote.
eTool will honour estimated pricing for standard Life Cycle Design and Life Cycle Design Lite services. Estimates relating to customised consultancy services are made in good faith but are only estimates. Where additional unforeseen challenges are encountered by eTool which may affect the cost of services compared to an estimate, eTool will inform the client of the likely implications to the price of the services and seek approval to proceed.
Where services are provided, the client agrees to pay for those services when or before they are due. We reserve the right to recover from any costs related to managing client’s overdue accounts and, in the case of overdue accounts, charge a monthly overdue account fee.
Payments for services are due within 30 days of the invoice being issued. After 45 days, late payment fees may be applied, charged at 3% of the invoice total per Month overdue.
Intellectual Property
eTool agree to assign to customers the entire copyright and other intellectual property rights in all services deliverables outlined in the eTool quote. eTool shall keep confidential all information received in connection with the services outlined in the quote.
The eToolLCD software will likely be used for the services delivered. Customers accept the use of their data within the eToolLCD platform as per the eToolLCD Terms of Use at the time the quote is accepted.
Customers warrant that they have appropriate and sufficient rights in relation to the Data, and neither eTool’s use, processing and/or storage of the Data will violate applicable laws.
Promotion
Should either party wish to promote the process or deliverables of the services provided by eTool they must seek approval from the other party. Should both parties agree to promote the promotion eTool may:
Feature the project on our website, social media platforms,
Publish the results of the LCA, rating, design details and a background of the project with associated imagery provided by the client,
If applicable, make the underlying LCA study public to support the public claims and
Include reference to the project in other editorial copy and media communication such as press releases, articles and newsletters.
Customers acknowledge that if promoting the results of Life Cycle Assessments they must also make the underlying study publicly available in order to adhere to Life Cycle Assessment principles and frameworks as defined in ISO 14040.
Warranty
eTool warrants that the Services will be performed in a professional and workmanlike manner, will conform to the requirements quote and these terms, and will reflect competent professional knowledge and judgment. If any portion of the Services fails to comply with this warranty obligation and eTool is so notified within 30 days of the delivery of the associated services (“Services Warranty Period”), eTool will re-perform such portion of the Services without additional compensation from the customer or, if re-performance is impossible or commercially impracticable, eTool and the Customer and Contractor shall meet and discuss in good faith an equitable way to resolve such matter in order to place the Customer in as good a position as Customer would have been in had there been no such breach of the warranty obligation.
The customer accepts the inherit limitations in the accuracy of Life Cycle Assessment studies relating to generic Life Cycle Inventory data, interpretations and assumption made regarding project inventory and practical limitations of background and project inventory collection. eTool commits to managing the accuracy of Life Cycle Assessment studies by defining and reporting compliance with data quality requirements, allocation rules and cut off rules. The customer understands the objective of studies conducted by eTool are generally to simulate strategies to identify those that improve the net environmental performance of the project, rather than compile an accurate total environmental footprint of the project. As such the models within LCA studies conducted by eTool are comparatively accurate more than they are absolutely accurate.
It is not recommended that eTool Life Cycle Assessment Study outputs are compared to other Life Cycle Assessment Study outputs unless differences in methodology, system boundaries, scope, assumptions and data quality are very well understood and accounted for.
Insurance
eTool shall, at all relevant times, maintain insurance as defined in the quote and associated attachments and shall provide evidence of such insurances upon commencement and whenever requested by the customer.
Liability
Customers will assume full responsibility and risk of loss resulting from use of our services. Under no circumstances will eTool or any of our employees be liable for any type of damages regardless of our knowledge or otherwise of the possibility of such damages. Any liability otherwise proven by law will be limited to the amount paid by the customer for the services applicable to the particular liability claim.
Disputes and Governing Law
The construction, validity and performance of this agreement and any dispute resolution arising out of this agreement shall in all respects be governed by the law applying to the geographical location of the services delivery.
Prior to commencing proceedings, both parties agree that wherever possible they must meet at senior executive level to agree an appropriate method of proceeding, whether by mediation or expert determination or an alternative method of dispute resolution.
Conflict of Interest
Should either party become aware of any, or the possibility of any, conflict of interest, they must immediately notify the other party of and agree on an appropriate strategy before proceeding.
Termination
Either party may terminate the services agreement for any reason upon giving seven (7) days written notice to the other party. Subsequent to termination of the agreement eTool will provide available deliverables prepared up to the date of termination. If the customer terminates the agreement, the customer agrees to pay eTool in accordance with the quote amounts representative of the effort expended by eTool in association with incomplete deliverables.
Terms & Conditions correct as of 8th July 2019.
