In short: Constructicore is software for businesses. You own your data and can export it at any time. It works out dates and figures from what you enter, but it is not legal or accounting advice, so you remain responsible for checking what it produces and for serving notices under your contracts.
1. About these terms
1.1 These terms are between Tecniq Services Ltd (company number 13856030), trading as Constructicore, of 67 Heathfield Square, London SW18 3HZ ("we", "us"), and the organisation that registers for an account ("you").
1.2 They apply to the Constructicore software and website (the "Service"). By creating an account, accepting an invitation or approving a package, the person doing so confirms they are authorised to accept these terms for their organisation.
1.3 The Service is for businesses. You confirm you are using it for the purposes of your business and not as a consumer.
1.4 The schedules form part of these terms: Schedule 1, main contractor projects; Schedule 2, invited subcontractors; Schedule 3, data processing; Schedule 4, acceptable use. If there is a conflict, the schedule wins for its subject matter, then these terms.
2. The Service
2.1 The Service helps construction businesses prepare and track payment applications, payment dates, notices, variations, documents and related records, exchange them with the other party to a contract, and connect to other systems such as Xero.
2.2 No legal or accounting advice. The Service calculates dates and figures from the contract terms and information you enter, and provides templates and reminders. It does not give legal, contractual, tax or accounting advice, and does not replace reading your contract or taking professional advice. You are responsible for checking the dates, figures and documents it produces, and for how and when you serve notices.
2.3 Notices. Where the Service publishes a notice to the other party and emails it, that may or may not be valid service under your contract. You remain responsible for serving notices in the way your contract requires.
2.4 Early access. Some features are in early access and may change. We will tell you in the Service which features are in early access.
2.5 We may improve and change the Service. We will not make a change that materially reduces the core functions you pay for without giving you at least 30 days' notice, and if we do you may cancel and receive a pro rata refund of any prepaid fees.
3. Accounts and users
3.1 You must give accurate details and keep them up to date, including your company name and number where you have one.
3.2 You are responsible for your users, for keeping their sign-in details secure, and for what is done in your account. Tell us at once if you think your account has been misused.
3.3 Each user must be a named individual. Plans may limit the number of users.
4. Fees and payment
4.1 Subcontractors pay a flat monthly or annual fee for their company, as shown when they subscribe, not per contract or per application. Main contractor fees are set out in Schedule 1.
4.2 Free trial. New accounts may have a free trial for the period shown at sign-up. No payment details are needed for the trial. At the end of the trial you need a paid plan to keep adding and changing records; you can still view and export everything.
4.3 Fees are payable in advance by card or Direct Debit through our payment provider, Stripe. Prices exclude VAT, which is added where applicable.
4.4 Founding member prices are held for as long as the subscription continues without a break, and are not increased while they apply.
4.5 If a payment fails we will try again and tell you. If it is still unpaid 14 days after the due date, your account may become read only until it is paid.
4.6 We may change prices on at least 30 days' notice, taking effect from your next renewal.
4.7 Introducer commission and any referral rewards are covered by separate terms.
5. Your data
5.1 You own your data. Everything you put into the Service remains yours. You give us permission to host, copy and process it only to provide and support the Service, and as set out in Schedule 3.
5.2 Export. You can export your records at any time, including after your subscription ends while your account remains read only.
5.3 Documents shared with the other party. When you publish a document to the other party to a contract through the Service (for example an application, a notice, a certificate, a variation, a remittance or a message), a copy is kept for both parties and cannot be changed or deleted by either, so that both keep a reliable record. You confirm you are entitled to share what you publish.
5.4 After you leave. If you close your account we will keep your data for 90 days so you can export it, then delete it, except copies held by the other party to a contract under clause 5.3, anything we must keep by law, and backups, which are overwritten within 35 days.
5.5 We may use anonymised, aggregated data, which cannot identify you or any individual, to improve the Service. We will not publish benchmarks that identify you, and we never sell your data.
6. Connected services
6.1 If you connect another service (for example Xero, Procore or Companies House), your use of it is under that provider's terms. We act on your instructions, for example creating draft invoices in your Xero, and are not responsible for the other service.
6.2 Invoices and journals are created in Xero as drafts for you to check and approve. You are responsible for your accounts and tax, including VAT and CIS.
7. Acceptable use
7.1 You must use the Service lawfully and in line with Schedule 4. We may suspend access that breaches it, telling you why where we can.
8. Our responsibilities
8.1 We will provide the Service with reasonable skill and care, keep it secure using appropriate technical and organisational measures (described on our security page), and aim for it to be available at all times except for planned maintenance, which we will try to schedule outside working hours.
8.2 We do not promise the Service will be uninterrupted or error free, or that its calculations will suit every contract. You should keep your own records of anything critical, and can export them at any time.
9. Liability
9.1 Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.
9.2 Subject to 9.1, neither party is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for indirect or consequential loss.
9.3 Subject to 9.1, our total liability in each year is limited to the fees you paid us in the 12 months before the claim, or £500 if greater.
9.4 In particular, and subject to 9.1, we are not liable for any loss arising from missed deadlines, notices not served or not valid, amounts not paid or withheld, adjudication outcomes or tax treatment, where those arise from your reliance on dates, templates or calculations produced by the Service.
10. Term and ending
10.1 These terms start when you create an account and continue until ended.
10.2 You can cancel a subscription at any time; it ends at the end of the current paid period, with no refund of that period unless required by law or clause 2.5. Your account then becomes read only.
10.3 Either party may end these terms at once by notice if the other materially breaches them and does not put it right within 14 days of being asked, or becomes insolvent.
10.4 Clauses 5 (your data), 9 (liability) and 12 (general) continue after these terms end.
11. Confidentiality
11.1 Each party will keep the other's confidential information confidential and use it only for these terms, except where the law requires disclosure.
12. General
12.1 We may update these terms on at least 30 days' notice. If you do not agree you may cancel before the change takes effect.
12.2 Neither party is liable for delay caused by events outside its reasonable control.
12.3 You may not transfer these terms without our consent. We may transfer them to a company that takes over the Service, on notice to you.
12.4 Notices under these terms may be given by email to the address on your account or, for us, to info@constructicore.com.
12.5 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Schedule 1: main contractor projects
1. What main contractors can do. Set up projects and packages, invite subcontractors or approve packages they set up, receive and assess applications, issue payment and pay less notices and early certificates, record payments, manage instructions, variations, events and requests for information, and set the documents required before payment.
2. First project free. Your first project is free for 90 days, for up to 30 packages. One free project per business, identified by company number. After that, assessments and notices on existing packages carry on, but adding packages and inviting subcontractors need a main contractor plan.
3. Main contractor plans are charged at the price shown when you take them, per live project or for unlimited projects.
4. Your subcontractors. Subcontractors you invite, or whose packages you approve, use the Service under Schedule 2: on a free trial and then their own plan, unless your plan includes covering their access to your packages (the Supply Chain Pass). You must only invite subcontractors you have a contract, or intended contract, with, and give accurate package information.
5. Assessments and notices. You are responsible for the figures, reasons and notices you issue through the Service, and for meeting the payment provisions of your subcontracts and of the Housing Grants, Construction and Regeneration Act 1996. An early certificate does not change when payment is due. Where you choose automatic issue of the payment notice on the due date, you authorise us to issue it in your name with the figures you approved.
6. Compliance documents. Whether you may hold back payment for missing documents depends on your subcontract; the Service's status indicators are for information.
7. Sign-up incentives. Any sign-up incentive offered to main contractors (for example an account credit) is subject to the terms of that offer.
Schedule 2: invited subcontractors
1. Trial and plan. If a main contractor invites you to a package, or approves a package you set up, your account starts with a free trial. After the trial, submitting applications and issuing notices need a paid plan.
2. Packages your main contractor covers. Where the main contractor's plan covers its subcontractors' access, you can use everything needed for that main contractor's packages free of charge for as long as they run, including applications, notices, variations, documents, events and messages. Adding your own projects and subcontracts, timesheets, and features across your wider business need a paid plan or a free trial. If the main contractor stops covering access, you keep the records and can continue on your own plan.
3. Records you keep. When a package ends you keep read-only access to its records and can export them. Nothing you recorded on a covered package is locked behind a plan.
4. If you already pay, invited packages are added to your existing account and you are not charged twice.
5. The main contractor's role. The contract sum analysis and payment terms of a linked package are agreed between you and the main contractor; changes are proposed and accepted through the Service. We are not a party to your subcontract.
Schedule 3: data processing
This schedule applies where we process personal data on your behalf (UK GDPR article 28).
1. Roles. You are the controller of personal data in your account (for example your staff, contacts at other companies, and operatives' clock-in records). We are your processor. We are the controller of the account and billing data we need to run our business, as described in our privacy notice.
2. Processing. Subject matter: provision of the Service. Duration: the term plus the retention periods in clause 5.4. Nature and purpose: hosting, storage, calculation, sending emails and notifications, exchange with the other party to a contract at your instruction, and support. Types of data: names, business contact details, job titles, signatures on documents, location at clock-in and clock-out and photos (timesheets, if used), and any personal data in documents you upload. Data subjects: your users and staff, operatives, and contacts at your clients, suppliers and subcontractors.
3. Our obligations. We will process personal data only on your documented instructions (these terms and your use of the Service); ensure our staff are bound by confidentiality; apply appropriate security measures; help you respond to data subject requests and with data protection impact assessments where reasonable; tell you without undue delay of a personal data breach; delete or return data at the end as set out in clause 5.4; and make available the information needed to show compliance.
4. Sub-processors. You authorise these sub-processors: 20i (hosting and email delivery, UK) and Stripe (payments). Xero, Procore and Companies House are independent services used only where you connect them. We will give 30 days' notice of new sub-processors, and you may object on reasonable grounds.
5. Transfers. Data is hosted in the UK. We will not transfer it outside the UK unless a lawful transfer mechanism applies.
6. Shared documents. Where you publish documents to the other party to a contract, that party receives a copy as its own controller.
7. Timesheets. If you use location or photo capture for timesheets, you are responsible for telling your workers and for your lawful basis.
Schedule 4: acceptable use
You must not:
- use the Service for anything unlawful, fraudulent or misleading, including issuing notices or documents you know to be false;
- upload anything you do not have the right to share, or that contains malware;
- try to access other customers' data, test or bypass our security without written permission, or overload the Service;
- use the Service to send unsolicited marketing, or invite people to it who have no connection to a real contract;
- resell or provide the Service to others except as these terms allow;
- copy or reverse engineer the Service, except as the law allows.