Terms of use

Summary

These terms govern your use of CLAIMD. In summary:

• CLAIMD is software. It is not a law firm and does not provide legal advice.
• CLAIMD assists you in preparing a Payment Claim from the information you provide. Your individual claim is not reviewed by any person.
• You pay one flat fee per claim. The fee is the same whatever the outcome, and we do not take a percentage of any amount paid to you.
• You are responsible for the information in your claim and for serving it correctly.
• We do not guarantee that the Respondent will pay. The Act provides a process for claiming payment. It does not guarantee the outcome.
• CLAIMD applies to construction work carried out in New South Wales only.
• Your rights under the Australian Consumer Law are not affected by these terms.

The full terms are set out below. If this summary and the full terms are inconsistent, the full terms prevail. Defined terms are explained in Definitions at the end.

1. Who we are

1.1 CLAIMD is operated by CLAIMDAU Pty Ltd, ABN 34 701 711 391 ("CLAIMD", "we", "us"). Contact: support@claimd.au.

1.2 "You" means the business using CLAIMD to prepare a claim, whether a company or a sole trader. If you use CLAIMD on behalf of a company, you confirm that you are authorised to act for it.

1.3 Your contract for the use of CLAIMD is with CLAIMDAU Pty Ltd only, including where CLAIMDAU uses suppliers or contractors to provide CLAIMD.

2. What CLAIMD is, and what it is not

2.1 What it is. Software that assists you in preparing your own Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act"), calculates the dates the Act sets from the dates you provide, keeps your documents and proof of sending in one place, and reminds you of upcoming dates.

2.2 What it is not.

• CLAIMD is not a law firm and does not provide legal advice. Nothing on CLAIMD tells you what you should do in your situation.
• Your individual claim is not reviewed by any person. Your claim is generated from the information you provide and is not individually reviewed by a lawyer.
• The free check does not decide whether you are entitled to make a claim. It shows the conditions the Act sets next to your answers. The decision whether to proceed is yours.
• We do not contact the Respondent, negotiate, demand payment or correspond with the Respondent on your behalf. We do not act as your representative.
• We do not conduct adjudications, commence court proceedings or recover debts on your behalf.

2.3 In particular:

• This site is to be used for information purposes only.
• This site does not determine whether the user's contract is a "construction contract".
• This site does not determine whether a payment claim may be served for a particular month.
• This site does not determine whether the claimant is entitled to the amount claimed.
• This site does not guarantee that an adjudicator or court will accept the claim.
• The user remains responsible for verifying all information.
• The user decides whether and when to serve the claim.
• The user is responsible for compliance with statutory time limits and service requirements.

2.4 If you need advice about your situation, consult a construction lawyer. If a deadline is close, seek that advice promptly.

3. New South Wales only

CLAIMD covers only construction work carried out in New South Wales, under the NSW Act. This applies even if you, as the claimant, or the Respondent are based outside New South Wales: what counts is where the work was carried out. If the work was carried out in another state or territory, the check stops before you make any payment.

4. Your account

You sign in using a link we send to your email address (and, if you request it, a text-message link to complete a claim later). You must keep your email account and phone secure, because anyone with access to them can access your CLAIMD account. Notify us immediately at support@claimd.au if you believe someone else has accessed your account.

5. Your responsibilities

5.1 CLAIMD prepares your claim from the information you provide. You must therefore:

• Provide true and accurate information. This includes names, ABNs, the work, the amounts and, in particular, the dates. Every deadline CLAIMD shows is calculated from the dates you enter. An incorrect date will produce an incorrect deadline.
• Claim only amounts you are owed. You must not use CLAIMD to claim money you know is not owed, or to pressure another party with a claim you know is false.
• Check all details before you pay and before you serve. The review screen shows every date and how it was calculated. Once a claim is served, it cannot be withdrawn.
• Check your Construction Contract. Your Construction Contract may change some dates, for example a shorter period for the Respondent to respond, an earlier date from which you may serve a claim, or a longer period than the Act's 12 months in which to serve your final claim. It cannot make you wait longer than the Act allows between claims: if it allows claims less often than monthly (for example, only at completed stages), a claim can still be served for each named month under the Act. CLAIMD asks about these matters, but only you have your contract.
• Serve the claim as your Construction Contract provides. When and how a Payment Claim is served is set by your Construction Contract; if it is silent, the Act applies by default (when: from the end of the month to which the claim relates; how: a method in section 31 of the Act). Serving the claim is your responsibility (clause 6).
• Keep your own records. Keep a copy of the claim you served, a record of how you served it, and anything the Respondent sends in response. CLAIMD also keeps copies, but you should not rely on CLAIMD alone.
• Record what happens. The dashboard can show the correct status only if you record when the Respondent pays or provides a payment schedule.
• Obtain advice when you need it. If anything is unclear, or the Respondent disputes the claim, consult a construction lawyer.

5.2 Your declaration. Before you start a claim and again before you pay, you are asked to tick this declaration:

I declare that the answers, information and documents I have entered into this platform are, to the best of my knowledge, true, accurate and complete.

I acknowledge that the information and any documents generated by the platform are based on the information I have provided and that I take full responsibility for the accuracy, completeness and content of my responses and information.

I understand that if any information I have provided is incorrect, inaccurate, incomplete or misleading, I am solely responsible for any consequences arising from or in connection with that information, including any resulting error, omission or inaccuracy in a payment claim prepared using the platform.

I acknowledge that the platform provides information and administrative assistance only and does not constitute legal advice or a determination of my legal rights, entitlements or prospects of recovery.

By proceeding, I confirm that I have read, understood and accepted this declaration and acknowledge that I remain responsible for the information I provide and for any decision to rely upon, issue or serve any document generated using the platform.

6. Serving your claim

6.1 Serve means delivering the claim to the Respondent by a method your Construction Contract recognises, or, if your Construction Contract is silent, by a method the Act recognises (s31(1)). If the claim is not served correctly, the time periods under the Act may not begin.

6.2 You serve the claim. After you pay, you download your claim and a one-page guide on how to serve it. You serve the claim yourself, then record the date and method of service. That date is used to calculate the countdown.

6.3 Sending from CLAIMD. This feature stays switched off unless and until it is confirmed in writing that it counts as service by you. If it is switched on:

• it sends only when you select the send button, in your name, to the email address you provided for the Respondent, with the reason you gave for using that address;
• the claim is sent as an attachment, not a link;
• we record the time it was sent and the response from the Respondent's mail server, and keep a copy;
• it sends the claim only, and nothing else: no cover letters, no reminders to the Respondent, no follow-up messages and no argument in support of your claim;
• any reply from the Respondent goes to you, not to us.

6.4 You confirm that the address is one the Respondent uses for documents of this kind. We cannot confirm this for you, and we cannot guarantee that service by any particular email address is effective in your situation.

7. Dates, the countdown and reminders

7.1 Business Day means any day other than a Saturday, a Sunday, a NSW public holiday, or 27 to 31 December (s4), or as defined in your Construction Contract.

7.2 CLAIMD calculates the dates the Act sets from the dates you enter and shows how each date was calculated. The reminders and the countdown are provided to assist you. They are information, not advice, and they are based on the dates you entered. If a reminder is not received (for example, because of a spam filter, a phone that is switched off or a service outage), the deadlines under the Act still apply. You should keep your own record of key dates.

8. Price

8.1 One flat fee per claim, shown before you pay, including GST. The fee does not depend on the outcome of your claim, and we do not take a percentage of any amount paid to you. No subscription. The check is free.

8.2 You pay through Stripe before your claim documents are prepared. Card details are provided to Stripe and are never provided to CLAIMD. You will receive a tax invoice.

9. Refunds, and your rights under the Australian Consumer Law

9.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits those rights.

9.2 In addition to those rights, we will give you a full refund if:

• you paid and we were unable to produce your claim documents;
• you were charged twice for the same claim;
• a fault in CLAIMD produced a claim that does not match the information you entered, and we cannot correct it promptly.

9.3 We will not give a refund only because:

• the Respondent does not pay;
• you decide not to serve a claim that was correctly prepared from the information you entered;
• the information you entered was incorrect, incomplete or out of date, and the claim was prepared from it.

This does not limit your rights under the Australian Consumer Law.

9.4 To request a refund, email support@claimd.au.

10. No guarantee of outcome

Submitting a Payment Claim does not guarantee payment. It starts a process under the Act, with deadlines the Respondent must meet. Neither the Act nor CLAIMD guarantees that you will be paid. We do not guarantee that:

• the Respondent will pay, respond, or respond on time;
• your claim meets the requirements of the Act on your facts, including whether the work is construction work, whether there is a Construction Contract and whether a Payment Claim may be served for a particular month (this depends on the information you enter and how you serve the claim);
• any adjudication or court proceeding would be decided in your favour.

11. Our liability

11.1 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

11.2 Where the law permits us to limit our liability for failure to comply with a consumer guarantee (for services not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited to supplying the services again or paying the cost of having the services supplied again.

11.3 To the extent permitted by law, we are not liable for loss arising from inaccurate information you entered, from how or whether you served your claim, or from any act or omission of the Respondent.

12. Your information

Our privacy policy and collection notice explain how we handle your personal information. In summary: it is stored in Australia (Sydney), it is never sold, and it is provided to the Respondent only when you serve your claim (or select send, if that feature is switched on). You can download your claims and documents at any time.

13. Ownership

Your claim and the information in it belong to you. You may download it and use it as you choose. The CLAIMD software, the website and the claim template are owned by us or licensed to us.

14. Suspension of accounts

We may suspend or close an account that is used to make claims the user knows are false, to harass any person, to access other people's data, or for any unlawful purpose. Where it is safe to do so, we will tell you the reason first. You will still be able to access your documents.

15. Changes to these terms

We may update these terms from time to time. We will give you notice of a change by email, and on the site, before it takes effect. Each version is dated and numbered, and we keep a record of the version you accepted and when. A change does not affect a claim you have already paid for.

16. Complaints

Email support@claimd.au. Every message is read by a person. If you are not satisfied with how we handle your complaint, NSW Fair Trading can assist with consumer complaints.

17. Governing law

These terms are governed by the law of New South Wales.

Definitions

Payment Claim: a formal request to the Respondent for payment of an amount you are owed (s13).

Payment schedule: the Respondent's response to a Payment Claim, stating the amount it will pay, if any, any amount it disputes, and its reasons (s14).

Named month: the calendar month to which your Payment Claim relates. A Payment Claim may be served on and from the last day of that month, or from an earlier date if your Construction Contract allows (s13(1A), (1B)).

Serve: to deliver the claim to the Respondent by a method your Construction Contract recognises, or, if the Contract is silent, by a method the Act recognises (s31).

Business Day: any day other than a Saturday, a Sunday, a NSW public holiday, or 27 to 31 December, or as defined in your Construction Contract (s4).

Construction Contract: any agreement or other arrangement to carry out construction work or to supply related goods and services, whether written, by text message or oral (s4).

Respondent means the party to the construction contract who is responsible for paying the claimant and to whom the payment claim is served. For example, a head contractor where the claimant is a subcontractor, a property developer where the claimant is a head contractor, or a homeowner where the claimant is a builder.

Adjudication: a fast, independent decision on the amount owed, made by an adjudicator rather than a court. CLAIMD does not conduct adjudications for you; a lawyer can advise you (s17 onward).