Consultation 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

To the best of our ability and extent to which our available resources allow we commit to the following:

1. Take measures to ensure that eTool LCAs are comparable between clients

2. If supported, improving the quality, competiveness and speed of our customer services

Customer Service

We are committed to providing exceptional customer service and a quality, sustainable software product. Our staff are available to contact via phone, email or Skype during Western Australian business hours 9am-5pm. Any contact outside of these hours will need to be prearranged with that particular staff member.

Price and Payment

Our prices are aimed at offering a service that is easy to budget in for all projects, of any size. This strategy aligns with our aim to proliferate the use of LCA in mainstream building design and significantly reduce Australia’s green house gas emissions without reducing quality of life.
We rely on very a efficient LCA process and as a result our quotes are quite generic allowing designers, developers and owner/builders to budget for LCAs without providing a mountain of detail.

Please read our Price Policy for more information.

Quotes issued by eTool for consultation services are valid for 14 days from the date of the quote, after which time it will expire and becomes null and void. To accept a quote please refer back to our online system and press the “accept” button, or alternatively notify us in writing. Once a quote has been accepted, we will begin work on the provision of services.

eTool will honour estimated pricing for standard LCA 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 to ensure they are happy to proceed before undertaking further services.

eTool services will be not provided or charged unless an estimate has been accepted by the customer.

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 will come into affect, charged at 3% of the invoice total these fees will be added to the total of the invoice. Subsequently every 45 days these fees will be applied if the invoice is still outstanding.

All prices are in Australian dollars (AUD) and include GST (goods and services tax).

Intellectual Property

To promote our partnership, all client projects will be featured on our website. We will publish the results of the LCA, rating, design details and a background on the client along with imagery obtained via the client.

We reserve the right to publish this information and editorial copy on other areas of the website and through media communication such as press releases, articles and newsletters.

Project imagery may be featured on other areas of the website and in our monthly newsletters. Clients who do not wish to have their projects promoted outside of the eTool website due to confidentiality or other reasons should notify eTool upon completion of the project.

Warranty

eTool cannot offer warranty of the services covered under this agreement. We enjoy solving problems and always look to improve our accuracy, speed and cost of our services. Whilst we test our software regularly and before releasing new builds, we openly admit that our software is not perfect and may contain bugs, some of which we may not have the resources to rectify, and some of which we may not even know exist.

Accuracy

Our aim with eTool LCA software is to be comprehensive, accurate, repeatable and comparable. In this we achieve LCA results that are “vaguely right, not precisely wrong!” For example, a scope that covers 100% of the buildings’ environmental footprint with +/-20% precision actually provides a more accurate result than a scope that only covers 25% of the footprint with perfect precision. The accuracy is however limited by: the proficiency of software users, the accuracy of the data input by users, the Life Cycle Inventory databases used by eTool, and the current assumptions used in the eTool calculations.

Clients therefore acknowledge that eTool software and LCA services provided have normal and reasonable limitations in accuracy. We encourage clients to report known inaccuracies to us so that we can investigate accordingly and when resources permit, rectify the issue.

It is not recommended that eTool outputs are compared to other LCA software outputs unless differences in methodology and system boundaries are very well understood and accounted for.

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.

Communication

eTool will keep clients up to date on projects, news, events and software updates with our monthly newsletters. If you do not wish to receive our newsletter, please inform a staff member or alternatively, please unsubscribe at the bottom of your most recent newsletter.

Data Protection

Your privacy is very important to us and we are committed to treat your personal data (e.g. your name, telephone number, email address, payment details) with total respect and confidentiality.

Any personal information collected during the consultation process will only be used by us. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your project, provide you with our monthly newsletter and personalise your experience with us.

We collate statistics about the website traffic, sales and other commercial information which we use to improve our service to you; however, this information is collected on an anonymous basis.

We also promise not to provide any of your personal data to any outside company for marketing purposes.

Terms & Conditions correct as of 3rd June 2013.

LCA Software Use

eTool is committed to supplying access to our LCA software for free. To continue to do this, we rely on users to honour the following terms, understand that the accuracy of the software is limited by the cost of research and development, and respect eTool’s rights to fair remuneration when eTool LCA outputs are intended for commercial gain.

eTool reserves the right to change the following terms of use for future services.

General

To the best of our ability and extent to which our available resources allow we commit to the following:

1. Being transparent with our users about issues with eTool LCA software

2. Take measures to ensure that eTool LCAs are comparable between clients

3. Providing LCA software to our users in an online environment without unreasonable downtime for bug fixing or maintenance

4. If supported, improving our software over time to make it easier to use, more accurate and more flexible

5. If supported, improving the quality, competiveness and speed of our customer services

6. Keep users up to date with software developments through email notifications providing users do not unsubscribe from our newsletters

Account and Passwords

Users are responsible for the confidentiality and maintenance of their personal account information and password. Users accept responsibility for all activities which occur under their account and password. It is important that users keep their personal details and password confidential and secure, and should notify us immediately if they become aware of any unauthorised access to their account. eTool shall not be liable to any person for any loss or damage as a failure by users to protect their password or account details.

Users must not impersonate any other person, entity, use a false name or a name which they do not have authority to use. Users must not use the eTool website or LCA app in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.

Accuracy

Our aim with eTool LCA software is to be comprehensive, accurate, repeatable and comparable. In this we achieve LCA results that are “vaguely right, not precisely wrong!” For example, a scope that covers 100% of the buildings’ environmental footprint with +/-20% precision actually provides a more accurate result than a scope that only covers 25% of the footprint with perfect precision. The accuracy is however limited by the: proficiency of software users, accuracy of the data input by users, Life Cycle Inventory databases used by eTool, current assumptions used in the eTool calculations.

Users therefore acknowledge that eTool LCA has normal and reasonable limitations in accuracy. We request that users report known inaccuracies so that we can investigate accordingly and when resources permit, rectify the issue.

Uncertified designs have not been checked for compliance with eTool LCA methodology, scope and system boundaries and are therefore not considered reliable and must not be used for commercial gain or for published academic research purposes.

It is not recommended that eTool LCA outputs are compared to other LCA software outputs unless differences in methodology and system boundaries are very well understood and accounted for.

Intellectual Property

eTool acknowledge that the intellectual property in user’s plans, material take offs, building specification documents etc is theirs. These documents are protected under copyright law and eTool commits to keeping these documents confidential.

We want to reward innovative design and will feature best practice buildings on the projects and blog section of our website and marketing materials. If users are not interested in receiving this public recognition, then please inform us so we can act appropriately. Upon request, we will immediately remove profiled designs from our website.

Users acknowledge that the calculation formulae, program interface, design and structure of the eTool LCA software and reports are eTool property. Users will not attempt to copy, decipher, reverse engineer or disassemble any of the software or the data stored by eTool. Users also agree not to distribute incomplete, draft or uncertified eTool reports, or the data within. Once a design has been certified, and/or a final report released this may be distributed.

User Warranty

We cannot warrant the services covered under this agreement. Whilst we test eTool LCA regularly and before releasing new builds, we openly admit that our software is not perfect and may contain bugs, some of which we may not have the resources to rectify, and some of which we may not even know exist.

Liability

Users assume full responsibility and risk of loss resulting from use of our software. Under no circumstances will eTool PTY LTD 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 user for the services applicable to the particular liability claim.

Indemnity

Users indemnify eTool, our directors, officers, employees and representatives harmless from any losses resulting from any use of the software or provision of services that are not covered under these terms. Users must also agree to indemnify us from all losses resulting from claims of third parties that result from any use of the software or provision of services not covered under these services.

Payment

eTool certification will only be provided once an estimate has been accepted.

Where certification services are provided, payment is due at the time the final certified report is issued. We reserve the right to recover any costs related to managing overdue accounts and, in the case of overdue accounts, charge a monthly overdue account fee.

All prices are in Australian dollars (AUD), include GST (goods and services tax) and are subject to change.

Right to Review

eTool reserves the right to review user’s accounts and the data captured within those accounts. We will do this for the following reasons:

1. Develop better software tools and calculations for our customers to use

2. Update our benchmarks for different construction types and locations by including users’ designs in the average calculations for these benchmarks

3. Update our best practice examples so that users can benefit from and contribute to a collaborative pool of knowledge regarding low carbon design initiatives (User’s designs will only be made public examples with express permission)

4. Update our design templates so that users can benefit from and contribute to a collaborative pool of knowledge

5. Ensure that all users are being fair and respect our requirement to be reasonably remunerated for use of the software that is intended for commercial gain.

Right to Audit

To uphold the credibility and comparability of eTool LCAs, we reserve the right to audit a small percentage of previously completed projects to ensure that all our customers are playing fair with LCA inputs.

If distributing eTool certified LCA certificates for an actual building project, it is your responsibility to update us of significant changes to the designs and have your project re-certified to ensure accuracy. All buildings that are audited that are true to their design will not incur auditing fees. If your building is audited and design changes result in a increase in life cycle CO2e emissions of more than 5%, we will pass on the cost of the audit to you. Your LCA result will be updated and a new certificate re-issued to you, and previous eTool communications of results will be updated to ensure complete transparency.

It is therefore important the customers provide accurate information when the LCA is being conducted, and take note of the published assumptions eTool have used for the LCA.

Communications

eTool will keep software users up to date with monthly email newsletters and regular software development emails. All users will be automatically signed up for these communications and can unsubscribe at any time in the ‘My Account’ section or at the bottom of the email newsletter.

Data Protection

Your privacy is very important to us and we are committed to treat your personal data (e.g. your name, telephone number, email address, payment details) with total respect and confidentiality.

Any personal information collected within eTool LCA will only be used by us. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your project, provide you with our monthly newsletter and personalise your experience with us.

We collate statistics about the website traffic, sales and other commercial information which we use to improve our service to you; however, this information is collected on an anonymous basis.

We also promise not to provide any of your personal data to any outside company for marketing purpose.

eTool Facilitation

The “eTool Facilitation” avenue is for individuals or organisations who would prefer to utilise eTool to conduct the LCA work for a specified project or projects and is only available to those holding “Assessor Light”, “Assessor Pro” or “Certifier” accreditation.
Under this arrangement you will receive 10% “development and facilitation” remuneration for projects “developed and facilitated” by you or your organisation for eTool. Remuneration will be divided into 5% upon acceptance of the quote from client to eTool and 5% upon payment of the final invoice from client to eTool.

A client feedback survey will be required for each project and if services are considered poor in more than one project eTool reserves the right to remove “Facilitator” status.

The 10% remuneration reflects the current cost to eTool for business development and project management on a per project basis. As a result, the project fees proposed by eTool to the client will be the same as if the client came directly to eTool i.e. there is no mark-up for the 10% “eTool Facilitation” remuneration. The “eTool Facilitation” remuneration and all relationships will be transparent to all stakeholders.

The risk associated with the eTool LCA component of the project will be held by eTool PTY LTD alone. The responsibilities and level of input from organisations utilising the “eTool Facilitation” avenue can be tailored as required by the organisation and client, however the aforementioned remuneration percentage will be set for a 12 month period per project and will be reviewed to suit both parties accordingly.

If a “Facilitator” is able to sign an organisation to subscribe to the software and run LCA’s in house they will receive 10% of all “certifications” for the first 12 month period.

eTool firmly believes that the positive fostering of these relationships will enhance both party’s business operations. As a result, eTool and the organisation utilising the “eTool Facilitation” avenue will always endeavour to ensure all stakeholders (including the client) are satisfied with any relationship, both monetary and performance based.

Once a “Facilitator” informs eTool that they have quoted on a project eTool will not engage directly on the same project. However a “Facilitator” has full rights to compete on projects that eTool have already quoted on. On expiry of a projects quote (2months) eTool reserves the right to make contact with the client to assist in progressing to acceptance.

This relationship should ensure that the organisation utilising the “eTool Facilitation” avenue, eTool and most importantly the client all benefit. Accordingly both parties reserve the right to review the terms of engagement at any time and update when necessary.

Terms & Conditions correct as of 3rd June 2013.