Customer Terms

Last updated 18 August 2026

These are the terms you agree to when you sign up. Part A covers the software — what it does, what you may do with it, and what happens to your information. Part B covers what you pay and what you get for it. The Terms of Use are a separate document covering this website and its free guides.

Who these terms are between

“We”, “us” and “our” mean Michael Phontos, ABN 18 710 995 442, trading as eSiteOffice, of Sydney, New South Wales.

“You”, “your”, “I”, “me” and “my” mean the person or business that opens the account and is responsible for paying for it. If you open an account for a company, a partnership or a trust, you are agreeing to these terms on its behalf and you confirm you are authorised to do so — and “you” then means that business. They also cover anyone you invite to log in. They use the account under your authority, and what they do in it is treated as done by you.

These meanings apply throughout, in Part A and Part B alike.

Part A — The software

What these terms cover

These terms cover the software: what it does, what you may do with it, what happens to your information, and where our responsibility ends. What you pay and when is set out in Part B below, which covers charges, replacements, cancellation and price changes. Where the two parts overlap, Part B governs the money and Part A governs everything else.

What the software does

eSiteOffice runs building contracts. It reads a contract form you select, then drafts the notices, claims, variations and responses that contract requires; records when each was served and on whom; works out the dates each clause and the Building and Construction Industry Security of Payment Act 1999 (NSW) impose; and keeps the documents and the chronology together.

It does not do the job for you. It does not decide whether you have an entitlement, whether a claim is worth making, or whether a document should be sent. It presents what the contract appears to require, on the facts you have given it.

It is not legal advice

Nothing eSiteOffice produces is legal advice, and nothing in it is a substitute for advice from a lawyer about your matter. The software reads the contract form you select and the facts you enter. It does not know what was said on site, what was agreed in a phone call, what your other contracts say, or what a court would make of any of it — and those are frequently the things that decide a dispute.

If a matter is significant, contested, or approaching a deadline you cannot afford to miss, get advice. The cost of advice is generally a small fraction of what is at stake in the matters this software is built for.

Dates and deadlines

The software calculates dates — time bars, response periods, payment dates, adjudication windows — from the contract you selected, the statutory rules where they apply, and the dates you enter. Those calculations depend entirely on the accuracy of what you enter and on your having selected the right contract. A date entered wrongly, a contract form chosen wrongly, or an event never recorded will produce a confident answer that is wrong.

The deadlines remain yours. We do not accept responsibility for a deadline missed, a time bar expired or an entitlement lost, however that came about. Check any date that matters against your contract and the Act before you rely on it.

The AI

Parts of the software use artificial intelligence — to draft documents, to read documents you upload and file them, and to answer questions about your contract. It is used because it is fast and generally accurate, not because it is infallible.

AI output can be wrong, and can be wrong while reading fluently. It may misread a clause, miss a document, state a date confidently on a wrong basis, or produce text that sounds authoritative and is not. Read every document before you send it. Nothing leaves the system without you pressing send, and that press is your decision, not ours.

AI features are subject to fair use. We may set reasonable limits on how much AI processing an account uses, and we will tell you before any limit begins to affect you.

Your documents and your information

What you put in is yours. Your contracts, drawings, photographs, correspondence and records remain your property. We do not claim ownership of them, we do not sell them, and we do not use the contents of one customer's account to answer another customer's questions.

You give us permission to store and process that material for the purpose of running the software for you — which necessarily includes passing it to the service providers listed below. That permission ends when your account does, subject to the retention period in the pricing terms.

We may use anonymous, aggregated information about how the software is used to improve it — counts, timings, error rates and the like. That never includes the contents of your documents and never identifies you or your counterparties.

Who else touches your information

Running the software requires other providers. As at the date on this page they are:

• Supabase — the database, hosted in Sydney
• Cloudflare R2 — document and drawing storage
• Vercel — application hosting
• Anthropic — the AI that drafts and reads
• Postmark — sending and receiving your email
• Annature — electronic signing, an Australian provider
• Stripe — payments; card details go to Stripe and are never held by us
• Clerk — sign-in and account security

Some of these process information outside Australia. We choose providers on the basis that they are appropriate for this material, but we do not control them, and this list changes as the software changes.

Keeping your records

While your account is running, your records stay in it. When you stop, they do not vanish with the charge — the retention period and the notice we give before removing anything are set out in Part B. Export anything you need to keep. Records held in this software are not a substitute for your own file.

Your logins, and who uses them

You are responsible for the people you invite into your account and for what they do with it. Keep sign-in details to the person they belong to; tell us promptly if you think an account has been compromised. Every document served from your account is served in your name, and we treat an action taken through your account as taken by you.

Using it properly

Use eSiteOffice for running your own contracts. Do not use it to send anything unlawful, harassing or deliberately misleading; do not attempt to reach another customer's information; do not resell access or use it to provide a document-drafting service to people who are not your own counterparties; and do not use automated means to extract the knowledge base or the precedent library.

Availability

We do not promise the software will be available at any particular time. It depends on the providers above, and it will occasionally be down for maintenance, for a failure on our side, or for a failure on theirs. We aim to keep interruptions short and to give notice of planned ones, but we do not offer an uptime guarantee and there is no service credit.

This matters more here than in most software: if a deadline falls on a day the system is unavailable, the deadline does not move. Do not leave a time-barred document to the last hours.

Changes to the software

The software changes continually — features are added, altered and occasionally withdrawn. We will not remove something you depend on without telling you, but we do not guarantee that any particular feature will keep working the way it does today.

Suspending or ending an account

You can stop at any time; how the charge stops is in Part B. We may suspend or end an account that is being used in breach of these terms, or where payment has failed and stayed unpaid. Where we can give warning first, we will.

Our material

The software, the knowledge base, the precedent library and the wording of the documents it generates are ours, and remain ours. You may use the documents it generates for your own contracts without restriction — that is what you are paying for. You may not copy the precedent library or the knowledge base out of the software, or use them to build a competing product.

eSiteOffice is a registered trade mark.

Liability

To the extent the law permits, we exclude liability for loss arising from use of, or reliance on, the software — including any document it drafts, any date it calculates, any classification it makes, and any period during which it is unavailable. To the extent the law permits, our total liability in connection with the software is limited to the amount you have paid us in the twelve months before the claim arose.

Nothing in these terms excludes, restricts or modifies any right you have under the Australian Consumer Law that cannot be excluded, restricted or modified. Where our liability under that law can be limited, it is limited to supplying the software again or paying the cost of having it supplied again.

Changes to these terms

We update these terms from time to time. The version on this page is the one that applies, and the date at the top tells you when it last changed. Where a change materially reduces what you get or increases what you carry, we will tell you before it takes effect.

Governing law

These terms are governed by the law of New South Wales, and the courts of New South Wales have jurisdiction.

Part B — What you pay

The meanings given in Who these terms are between apply in this Part.

1. The 14-day trial

A payment card goes on file at sign-up. Nothing is charged for the first 14 days. In that time you can use everything: put tenders out, bid for work, receive mail, store documents, use Help & Counsel, and have up to 3 people log in.

After 14 days you are charged monthly for each package you have running — a tender, a build, a trade contract. Drafting is free: a contract starts running on the day you issue it for signing, electronically or for wet-ink signing, and a tender on the day you issue it. Until a contract is issued, every printed copy of the contract documents is marked as a draft. Answering someone else’s tender through the link they send you is free, with no limit, and winning it charges you nothing. A quote you price and send from the app is tendering: it counts as an active tender from the day you send it. Converting a won quote or an awarded tender into a contract creates a draft, which is also free; that contract starts running, and is charged, on the day you issue it for signing.

If you never subscribe, what you entered during the trial is deleted 30 days after the trial ends. We will email you before that happens, so you have time to subscribe or to take a copy of anything you want to keep.

2. What a build buys

$250 a month buys one site: its programme — every trade in build order, stages, gates, the money curve — plus its head contract run end to end, or the owner-builder’s compliance and drawdowns where there is no head contract. One head contract (or one owner-builder) per build; the trade contracts under it are extra at $100 each.

A build is a purchase, never a requirement. A builder running trade contracts at any number of addresses can keep them in his business book at $100 each and never buy a build. The build exists only where you choose to make the site a project — because that is what carries the programme.

3. What a trade contract buys

$100 a month buys one subcontract, start to finish — the scope it was let on, its progress claims, the variations agreed in writing before the work starts, and its defects. Every letter it needs is drafted against the clause it is required under, served so service can be proved, and answered before the time bar. It works the same whether the subcontract sits under a build or stands alone in your book.

4. Security of Payment

Every contract is tracked for Security of Payment, build or trade, applicant or respondent: the payment claim and its endorsement, the payment schedule and its deadline, the self-help remedies (suspension and liens) and the adjudication window. Each date is worked out on the Act’s own business days or as the contract requires, and put in front of you.

5. When charges start

You pay monthly, in advance, for each contract you have active — one charge per build, one per trade contract. Starting a contract you haven’t already paid for this month is charged straight away for the rest of that month, then monthly from there.

You choose what your subscription includes — how many builds, how many trade contracts, and whether tendering — in Setup Hub › Subscriptions, and you can draft only what it includes. You are charged each month for what it includes, or for what you have active if that is more. Anything you add is charged straight away for the rest of that month; anything you remove stops at the end of the month.

Putting tenders out is $100 a month, which carries 5 active tenders — a tender counts from the day you issue it, and a quote from the day you send it. Each additional active tender is $50 a month. Answering someone else’s tender through the link they send you is free, with no limit. When you award or cancel a tender, or a quote you sent is won, lost or withdrawn, that $50 comes off your next bill. When you have no tenders active at all, the $100 stops at the end of that month.

6. When charges stop

You’re charged monthly for any active contract. Mark a contract complete or archived and add another contract of the same kind at no extra charge — the record of the finished contract stays. The charge simply stops at the end of the month if you have no further contracts. Extra tenders stop the same way — award or cancel a tender and that charge comes off your next bill. Months already paid are not refunded.

7. One free replacement a month

Each monthly charge covers one contract and one replacement for it — so a charge carries two contracts through a month: the one you started with, and the one that replaces it. Start a third in the same month — a new contract, or one you finished earlier and turned back on — and it is charged for the rest of that month, then monthly as before. There is no lock and no penalty on turning a contract back on; it is simply the next contract to go active. Extra tenders work the same way: an extra one you are already paying for can be replaced once that month at no extra charge — award a tender and open another, and there is nothing more to pay; the one after that is charged.

8. Logins

3 included with every account. Past that, each extra login is $80 a month, billed automatically when the person accepts their invitation; remove them and it comes off the next bill.

9. Cancel any time

There is no lock-in and no notice period. Finish your contracts and the charge stops at the end of that month.

10. What happens to your records

When the charge stops, your records stay where they are and remain available to you. We keep the records of a finished contract for at least 12 months, and we will give you notice before removing anything. Turn a contract back on and it resumes as normal.

That applies to a contract you have paid for. A trial that never became a subscription is different — see section 1.

11. If a payment fails

We retry the card over about two weeks and email you each time it doesn’t go through. If it still hasn’t cleared, the subscription ends.

12. If a price changes

We will tell you at least 30 days before, and the new price applies from your next monthly charge. Anything already invoiced is unaffected.

GST and invoices

All prices are plus 10% GST. Prices are in Australian dollars. Every charge is issued as a tax invoice.

Contact

hello@esiteoffice.com