What these terms cover.
This website, and any services provided by TenderBuilt Pty Ltd.
These terms govern your use of this website and any services provided by TenderBuilt Pty Ltd (ABN 44 603 737 867). By using this website, or by accepting a proposal or quote from us, you agree to these terms. In these terms, “TenderBuilt”, “we”, “us” and “our” mean TenderBuilt Pty Ltd. “You” and “your” mean the person or business using this website or engaging us.
Using this website
You may read, download and print material from this website for your own business use. You may not republish it, sell it, or present it as your own work. We try to keep the site accurate and available, but we do not warrant that it will be uninterrupted or error-free, and we may change or remove content at any time.
Our services
We provide tender writing and related consultancy services to civil construction and infrastructure businesses, including tender responses, expressions of interest, capability statements, prequalification applications, methodology and content libraries, and post-award support.
The specific scope of any engagement is set out in the proposal or quote we give you. Where these terms and your proposal differ, the proposal prevails for that engagement.
Quotes, fees and what we need from you.
Tender work runs to someone else’s deadline. What you provide, and when, decides a lot.
Quotes, proposals and acceptance
Quotes are based on the information available when we prepare them and are open for acceptance for the period stated. An engagement begins when you accept a proposal in writing, pay a deposit where one is required, or instruct us to start work.
If the tender documents, scope, page limits or deadline change materially after a quote is given — or if the volume of material turns out to be substantially greater than described — we may need to revise the fee or the delivery date. We will tell you before doing additional work.
Fees and payment
Fees, inclusions and any deposit are set out in your proposal. Unless stated otherwise, fees are in Australian dollars and exclusive of GST. Invoices are payable by the date shown on the invoice.
If an invoice is overdue we may pause work on current and future engagements until it is paid. We will give you notice before doing so where a live tender deadline is affected.
What we need from you
The quality of a submission depends heavily on what you give us and when. You agree to:
- provide the complete tender documents, including addenda issued during the tender period
- provide accurate and current information about your business, projects, personnel, licences, insurances and referees
- respond to our questions and provide requested material by the dates we agree
- nominate a person with authority to give instructions and approve content
- review drafts and give consolidated feedback within the agreed review window
- hold the necessary rights and consents for any material you give us, including photographs, project references and information about your employees
We are not responsible for the consequences of information you give us being inaccurate, incomplete or late, including where that results in a submission being weaker than it could have been or missing a deadline.
Lodgement, and what we can’t promise.
Stated plainly, because it is the clause clients most need to understand.
Deadlines and lodgement
You are responsible for lodging your submission unless your proposal expressly says that we will lodge it. Where we do lodge on your behalf, we will do so using the portal and credentials you provide, in accordance with your instructions.
Tender portals fail, close early, and reject files for reasons outside anyone’s control. We are not liable for a late or rejected lodgement caused by portal availability, file size or format rules, credential or access problems, or a deadline change made by the issuing authority — except to the extent it is caused by our own failure to do what we agreed to do.
No guarantee of a tender outcome
We do not and cannot guarantee that you will be shortlisted, prequalified, awarded a contract, or given any particular score.
Tender evaluation is carried out by the issuing authority at its discretion, against criteria it sets and weights it may not publish, and against competitors whose pricing and capability we do not see. Price, capacity, prior relationships, prequalification status and policy commitments routinely decide outcomes regardless of the quality of the written response. What we undertake is to prepare your submission with reasonable care and skill, to the scope agreed. Any figures we publish about win rates or industry benchmarks are general information, not a forecast of your result.
Accuracy of what goes into your submission
We write your submission from the information you provide, and you are responsible for its truth. Before lodgement you must review the final document and confirm that the claims made in it — about experience, capacity, personnel, licences, accreditations, insurances and compliance — are accurate. We will not knowingly include a claim we believe to be false or misleading, and we may decline to do so.
Competing bidders, confidentiality and who owns the work.
We work across the sector, so more than one contractor may ask us to write for the same tender.
Conflicts of interest
We will not act for two or more competing bidders on the same tender at the same time without the informed written consent of each of them. Where we identify a conflict, we will tell the affected parties as soon as practicable and, absent consent, will normally continue to act for the client who engaged us first and decline the other engagement. Working for other businesses in your sector, including your competitors on other opportunities, is not a conflict and is an ordinary feature of our practice.
Confidentiality
We treat the information you give us as confidential. We will not disclose it except to deliver your engagement, where you direct us to, or where we are required by law. We will not use your pricing, rates, methodology or project information for the benefit of another client, and we will not reuse client-specific content in another client’s submission.
These obligations do not apply to information that is or becomes public other than through our breach, that we already held, or that we receive independently from someone entitled to disclose it. They continue after the engagement ends. If your organisation requires a separate confidentiality deed or non-disclosure agreement, we are happy to sign one.
Intellectual property
On payment in full, you own the final deliverables we prepare specifically for you — your tender response, capability statement, prequalification application or content library — and you may use, adapt and reuse them in your own future submissions without further payment to us.
We retain ownership of the general know-how behind that work: our templates, frameworks, checklists, response structures and drafting methods, together with anything published on this website. Nothing in an engagement transfers those to you, and we remain free to use them for other clients. You retain ownership of everything you give us.
Unless you tell us otherwise, we may refer to you as a client and describe the general nature of the work. We will not disclose your pricing, submission content or tender outcomes in any promotional material without your written consent.
What we are, and what we are not.
We are tender writers — not lawyers, accountants, brokers or engineers.
Free tools, guides and published resources
Our articles, guides, checklists, templates and calculators — including the Go/No-Go Bid Calculator, the tender compliance checklist and the tender readiness assessment — are general information for Australian civil construction businesses. They are not tailored to your circumstances and do not create a client relationship.
Any score, recommendation or output they produce is an aid to your own judgement, not a decision. Procurement rules, thresholds and policies change and differ between jurisdictions, and always work from the tender documents and the current material published by the relevant agency.
We do not give legal, financial or insurance advice
We are tender writers. We are not lawyers, accountants, insurance brokers or licensed advisers. Nothing we write for you or publish is legal, financial, taxation, insurance or engineering advice, even where it describes contract clauses, security of payment regimes, insurance requirements, prequalification financial tests or technical standards. Where a matter carries real risk, get advice from a qualified professional before you rely on it or commit to it in a submission.
Cancellation, postponement and withdrawn tenders
If you cancel an engagement, or if the tender is withdrawn, cancelled or postponed by the issuing authority, you remain liable for the work performed up to that point, and for any deposit or minimum engagement fee stated in your proposal. Where a tender is postponed rather than cancelled, we will usually carry the fee across to the rescheduled deadline, subject to our availability.
We may decline or end an engagement — for example where there is an unresolved conflict, where instructions would require us to state something we believe to be untrue, or where an invoice remains unpaid. If we end an engagement other than for one of those reasons, we will refund fees for work not performed.
Liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability can be limited under the Australian Consumer Law, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
Subject to that, and to the extent permitted by law:
- our total liability arising out of or in connection with an engagement is limited to the fees you have paid us for that engagement; and
- we are not liable for loss of profit, loss of opportunity, loss of anticipated contract value, loss of revenue or any indirect or consequential loss, including any loss said to arise from an unsuccessful tender.
Indemnity
You indemnify us against claims, losses and costs arising from information you gave us being inaccurate, misleading or provided without the necessary rights or consents, or from your use of a deliverable in a way we did not agree.
Privacy, changes and governing law.
The standard provisions, and how to reach us.
Privacy
How we handle personal information is set out in our Privacy Policy, which forms part of these terms.
Matters outside our control
We are not liable for failure or delay caused by events beyond our reasonable control, including portal or platform outages, communications or power failure, illness, natural disaster, or action by a government or issuing authority. If such an event affects a live deadline, we will tell you as soon as we can and do what we reasonably can to limit the impact.
Changes to these terms
We may update these terms. The version published on this page when you accept a proposal applies to that engagement. Continued use of this website means you accept the current version.
Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision is found to be unenforceable, it is severed and the rest continues to apply.
- TenderBuilt Pty Ltd, ABN 44 603 737 867
- 210B / 3 Nagurra Place, Rozelle NSW 2039
- info@tenderbuilt.com.au · 0429 604 335
- Monday to Friday, 7am–5pm AEST