Terms of Service

Last updated: July 14, 2026

These Terms of Service (“Terms”) govern access to the TS Estimating Services website and the construction estimating, quantity takeoff, bid preparation, budgeting, value engineering, and related consulting services provided by TS Estimating Services (“TS Estimating,” “we,” “us,” or “our”).

By using our website, submitting a quote request, accepting a proposal, authorizing us to begin work, or paying for services, you agree to these Terms.

1. Business Use

Our services are intended primarily for contractors, subcontractors, manufacturers, cabinet shops, architects, developers, project managers, and other business or construction professionals.

By requesting or purchasing services, you represent that:

  • You are at least 18 years old;
  • You have legal authority to enter into an agreement;
  • You are acting for yourself or an organization you are authorized to represent; and
  • The information you provide is accurate to the best of your knowledge.

2. Website Use and Quote Requests

The information on our website is provided for general informational purposes. Website descriptions, examples, turnaround references, and service summaries do not constitute a binding offer or guarantee.

Submitting a quote request does not:

  • Require you to purchase services;
  • Require TS Estimating to accept the project;
  • Reserve production capacity;
  • Create a professional-services relationship; or
  • Guarantee a particular fee or delivery date.

A project becomes binding only when the parties accept a written proposal, statement of work, order confirmation, or similar project document.

3. Order of Precedence

The following documents may apply to a project:

PriorityDocument
1A mutually signed service agreement, if one exists
2The accepted proposal, statement of work, or order confirmation
3An approved change order or written scope amendment
4These Terms of Service
5General website descriptions and marketing materials

If two documents conflict, the higher-priority document controls for the specific project.

The terms of a payment processor govern only the payment-processing service and do not replace the agreement between TS Estimating and the client.

4. Formation of a Service Agreement

A proposal may be accepted through:

  • An electronic or handwritten signature;
  • Written acceptance by email;
  • Payment through an authorized payment link;
  • A written instruction to begin work; or
  • Another acceptance method identified in the proposal.

Quotes and proposals remain valid only for the period stated in the applicable document. If no validity period is stated, we may revise or withdraw the proposal before acceptance.

5. Services

Depending on the accepted scope, TS Estimating may provide:

  • Quantity takeoffs;
  • Material lists;
  • Cost estimates;
  • Conceptual budgets;
  • Pre-construction analysis;
  • Scope review and development;
  • Bid preparation;
  • Bid review;
  • Value-engineering analysis;
  • Millwork, casework, or specialty-trade estimating;
  • Overflow estimating support; and
  • Related consulting services.

The exact scope, deliverables, exclusions, assumptions, fees, and target schedule will be described in the accepted proposal.

We are not responsible for services or deliverables that are not expressly included in the accepted scope.

6. Client Responsibilities

The client agrees to provide, in a timely manner:

  • Complete and legible plans;
  • Specifications;
  • Addenda;
  • Scope documents;
  • Bid instructions;
  • Applicable labor and material rates;
  • Project-location information;
  • Applicable taxes, freight, delivery, bonding, insurance, or permit information;
  • Required file access;
  • Answers to clarification questions; and
  • Other information reasonably required to perform the services.

The client is responsible for identifying the controlling version of project documents.

The client must promptly notify TS Estimating of:

  • Revised drawings;
  • New addenda;
  • Scope changes;
  • Deadline changes;
  • Project cancellations; and
  • Known inconsistencies in the documents.

Delays, omissions, inaccessible files, unclear documentation, or late revisions may result in additional fees, delayed delivery, or an inability to meet the requested bid deadline.

7. Client Authority and Submitted Materials

The client represents that it has the right and authority to provide all documents, plans, specifications, data, and other materials submitted to TS Estimating.

The client must not submit materials that:

  • Infringe intellectual-property or confidentiality rights;
  • Violate applicable law;
  • Contain malicious software;
  • Include unnecessary sensitive personal information; or
  • Are subject to restrictions that prevent TS Estimating from using them to perform the services.

The client grants TS Estimating a limited, non-exclusive license to access, copy, store, analyze, and otherwise use submitted materials solely as reasonably necessary to:

  • Evaluate the project;
  • Prepare a proposal;
  • Perform the services;
  • Maintain project records;
  • Resolve disputes; and
  • Comply with legal obligations.

8. Scope Changes and Addenda

Unless otherwise stated in the proposal, the quoted fee is based on the documents and scope available when the proposal is prepared.

The following may require a revised fee or schedule:

  • New or revised drawings;
  • Addenda received after work begins;
  • Material scope changes;
  • Additional trades, buildings, areas, alternates, or phases;
  • Accelerated deadlines;
  • Reformatting or additional deliverables;
  • Additional meetings;
  • Additional revision rounds;
  • Changes to labor, material, overhead, or pricing assumptions; and
  • Work outside the original scope.

We will use reasonable efforts to communicate material changes before performing significant out-of-scope work.

9. Delivery and Turnaround

Any turnaround period shown on the website is an indication of potential availability and is not a guarantee.

The applicable target delivery date will be stated in the proposal or confirmed in writing. A delivery period generally begins only after we have received:

  • Proposal acceptance;
  • Any required initial payment;
  • All necessary project documents; and
  • Answers to material clarification questions.

Delivery dates may change because of client delays, document revisions, addenda, technical failures, emergencies, events outside our reasonable control, or other circumstances affecting the scope.

Time is not of the essence unless the accepted proposal expressly states otherwise.

10. Client Review and Verification

The client must carefully review all estimates, takeoffs, assumptions, quantities, exclusions, clarifications, and deliverables before:

  • Submitting a bid;
  • Signing a construction contract;
  • Purchasing materials;
  • Scheduling labor;
  • Beginning fabrication;
  • Beginning installation; or
  • Making another financial or construction decision.

Questions or suspected errors should be reported promptly and, where possible, before the client’s bid deadline.

When a substantiated error within the agreed scope is reported promptly, TS Estimating may use commercially reasonable efforts to review and correct the affected deliverable. This does not remove the client’s verification responsibilities.

11. Revisions

Included revisions, if any, will be stated in the applicable proposal.

A correction of a substantiated error within the original scope is different from a client-requested revision or scope change.

Additional fees may apply when revisions result from:

  • Revised plans or addenda;
  • New client instructions;
  • Changed assumptions;
  • Additional alternates;
  • Changed formatting requirements;
  • Information not previously provided; or
  • Work outside the accepted scope.

12. Estimating Disclaimer

Estimates and takeoffs are professional opinions prepared from the information available at the time of preparation.

Actual quantities and costs may differ because of factors including:

  • Drawing errors or omissions;
  • Conflicts between plans and specifications;
  • Field conditions;
  • Design changes;
  • Material availability;
  • Supplier quotations;
  • Labor productivity;
  • Wage changes;
  • Market conditions;
  • Taxes;
  • Freight and delivery;
  • Waste factors;
  • Project sequencing;
  • Code requirements;
  • Contractor methods;
  • Subcontractor pricing; and
  • Other circumstances outside our control.

Unless expressly included in the proposal, TS Estimating does not perform:

  • Onsite measurements;
  • Destructive investigation;
  • Field verification;
  • Engineering;
  • Architecture;
  • Legal review;
  • Code-compliance certification;
  • Safety review;
  • Accounting or tax advice; or
  • A guarantee of supplier or subcontractor pricing.

Our deliverables are not stamped engineering or architectural documents.

13. No Guarantee of Bid or Project Outcome

TS Estimating does not guarantee:

  • That a bid will be accepted;
  • That the client will be awarded a project;
  • A specific profit margin;
  • A particular final construction cost;
  • The availability of materials or labor;
  • The accuracy of third-party quotations;
  • That project documents are complete or internally consistent; or
  • That the client’s bid complies with every owner, governmental, contractual, licensing, or bidding requirement.

The client remains solely responsible for the final bid, proposal, contract price, construction means and methods, procurement decisions, and project execution.

14. Fees and Payment

Fees and payment schedules will be stated in the applicable proposal or invoice.

Unless otherwise stated:

  • Fees are expressed in U.S. dollars;
  • Payment must be made by the due date shown on the proposal, invoice, or payment page;
  • Work may be scheduled or started only after any required initial payment is received;
  • Final deliverables may be withheld until outstanding amounts are paid;
  • The client is responsible for applicable taxes, duties, or governmental charges other than taxes imposed on TS Estimating’s net income; and
  • Processor, bank, currency-conversion, or international payment fees may be the client’s responsibility where disclosed before payment.

Payments may be processed through a third-party payment link. Payment-card information is entered directly into the processor’s environment and is subject to the processor’s terms and privacy practices.

We may suspend work when an invoice is overdue. Suspension may affect the delivery schedule and does not remove the client’s obligation to pay for work already performed.

15. Cancellation and Refunds

A proposal may contain project-specific cancellation or refund terms. Those terms control over this section.

Unless the proposal states otherwise:

Cancellation before work begins

If the client cancels before substantive work begins, prepaid amounts will be refunded, less:

  • Non-refundable payment-processor charges;
  • Non-refundable third-party costs; and
  • Any separately disclosed reservation or rush fee.

Cancellation after work begins

If the client cancels after work begins, the client is responsible for:

  • Work completed up to the cancellation date;
  • Reasonably committed labor or production capacity;
  • Non-cancellable third-party expenses; and
  • Any applicable rush or reservation fee.

Any remaining unearned prepaid amount will be refunded after these charges are deducted.

Client-caused delay or missed deadline

A missed bid deadline caused by late documents, incomplete information, inaccessible files, revised plans, delayed responses, or another client-controlled circumstance does not automatically create a right to a refund.

Cancellation by TS Estimating

If TS Estimating cancels a project without client breach, we will refund any prepaid amount attributable to services not performed.

16. Chargebacks and Payment Disputes

Before initiating a payment dispute or chargeback, the client should contact us at contact@tsestimating.com so that we have a reasonable opportunity to investigate and resolve the issue.

A chargeback does not eliminate payment obligations for validly authorized and completed services.

17. Intellectual Property

Website materials

The website, branding, text, graphics, layouts, original content, and website functionality are owned by TS Estimating or its licensors and are protected by applicable intellectual-property laws.

You may not copy, republish, sell, scrape for commercial republication, or create derivative commercial materials from the website without permission.

Client materials

The client retains its rights in plans, specifications, documents, and other materials provided to TS Estimating.

TS Estimating materials and methods

TS Estimating retains ownership of its:

  • Pre-existing templates;
  • Methodologies;
  • Checklists;
  • Calculation models;
  • Workflows;
  • Know-how;
  • Internal tools;
  • Formatting systems; and
  • Reusable materials developed independently of the client’s project.

Project deliverables

Unless the proposal states otherwise, after full payment TS Estimating grants the client a non-exclusive license to use the final deliverables:

  • For the identified project;
  • For the client’s internal business purposes; and
  • For sharing with owners, contractors, subcontractors, suppliers, advisers, and other legitimate project participants.

The deliverables may not be sold as a standalone estimating product, republished as TS Estimating’s work for unrelated projects, or commercially sublicensed without written permission.

The proposal may provide different ownership or licensing terms.

18. Confidentiality

Each party may receive non-public business, pricing, technical, project, or commercial information from the other.

The receiving party will use reasonable care to protect confidential information and will use it only for the relationship and project for which it was disclosed.

Confidential information does not include information that:

  • Becomes public without breach of an obligation;
  • Was lawfully known by the receiving party before disclosure;
  • Is received lawfully from another source without a confidentiality duty;
  • Is independently developed without use of the confidential information; or
  • Must be disclosed by law or valid legal process.

TS Estimating may provide confidential information to employees, contractors, and service providers who reasonably require access to perform or support the services.

We will not publicly identify a client or use an identifiable project as a case study without permission.

A separate nondisclosure agreement or confidentiality provision in an accepted proposal will control where it provides different or stronger protections.

19. Privacy

Our collection and handling of personal information are described in our Privacy Policy.

By submitting information, you acknowledge that project and contact information may be processed by service providers involved in website hosting, forms, file storage, communications, analytics after consent, and payment processing.

20. Third-Party Services

Our website or service process may use or link to third-party services, including Google Forms, online storage, payment processors, and other technology providers.

We are not responsible for:

  • A third party’s independent availability;
  • The third party’s privacy or security practices;
  • A client’s account with the third party;
  • Third-party outages; or
  • Separate terms imposed by the third party.

This provision does not limit our responsibility for choosing and managing service providers where applicable law imposes such responsibility.

21. Acceptable Use

You may not use the website or services to:

  • Violate applicable law;
  • Infringe intellectual-property, privacy, or confidentiality rights;
  • Transmit malicious code;
  • Attempt unauthorized access to systems or data;
  • Interfere with website operation;
  • Misrepresent your identity or authority;
  • Submit unlawful or fraudulently obtained project documents;
  • Reverse engineer protected website functionality;
  • Resell website access; or
  • Use deliverables in a misleading, unsafe, or unlawful manner.

22. Suspension and Termination

We may suspend or terminate access to the website or services when reasonably necessary because of:

  • Non-payment;
  • Client breach;
  • Unlawful conduct;
  • Security concerns;
  • Abusive behavior;
  • Material misrepresentation;
  • Lack of required information; or
  • Continued circumstances making performance impracticable.

Termination does not affect payment obligations or rights that accrued before termination.

Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnification, governing law, and dispute resolution survive termination.

23. Disclaimer of Warranties

To the fullest extent permitted by law, the website and services are provided on an “as available” basis.

Except for obligations expressly included in an accepted proposal, TS Estimating disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

24. Limitation of Liability

To the fullest extent permitted by law, TS Estimating and its owners, employees, contractors, agents, and affiliates will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, including:

  • Lost profits;
  • Lost revenue;
  • Lost business opportunities;
  • Lost contracts;
  • Loss of goodwill;
  • Production delays;
  • Bid rejection;
  • Cost overruns;
  • Data loss; or
  • Business interruption.

To the fullest extent permitted by law, TS Estimating’s total aggregate liability arising from a particular project or service will not exceed the fees paid or payable to TS Estimating for the affected project.

These limitations apply regardless of the legal theory asserted and even if a party was advised that damages were possible.

The limitations do not apply to liability that cannot lawfully be limited or excluded, including liability arising from fraud, willful misconduct, or another category that applicable law does not permit the parties to limit.

25. Indemnification

To the fullest extent permitted by law, the client agrees to defend, indemnify, and hold harmless TS Estimating and its owners, employees, contractors, and agents from third-party claims, damages, liabilities, and reasonable costs arising from:

  • Materials supplied by the client;
  • The client’s lack of authority to provide project documents;
  • The client’s unlawful or unauthorized use of a deliverable;
  • The client’s final bid or construction contract;
  • The client’s construction means, methods, safety practices, procurement, fabrication, or installation; or
  • The client’s material breach of these Terms.

This obligation does not apply to the extent a claim results from TS Estimating’s fraud, willful misconduct, or liability that cannot lawfully be shifted.

26. Events Outside Reasonable Control

Neither party will be liable for delay caused by events outside its reasonable control, including natural disasters, severe weather, utility failures, Internet outages, service-provider failures, cyber incidents, governmental actions, labor disruptions, illness, war, terrorism, civil disturbance, or similar events.

The affected party will use reasonable efforts to resume performance.

27. Governing Law and Venue

These Terms and any dispute arising from the website or services are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

Unless a separate written agreement states otherwise, the parties consent to the exclusive jurisdiction of:

  • The state courts located in Northampton County, Pennsylvania; and
  • The federal courts having jurisdiction over Easton, Pennsylvania.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

28. Electronic Communications and Acceptance

You consent to receiving project, contractual, invoice, and service communications electronically.

Electronic signatures, email acceptance, online acceptance, and payment through an authorized payment link may be used to form an agreement and will have the same effect as a paper signature to the extent permitted by law.

You are responsible for maintaining an accurate email address and reviewing communications sent to it.

29. Changes to These Terms

We may update these Terms prospectively by posting a revised version with a new “Last updated” date.

Updated Terms apply to website use and new projects after their effective date.

An update will not retroactively change the material commercial terms of an already accepted proposal unless:

  • The parties agree in writing; or
  • A change is required by applicable law.

30. General Provisions

Entire agreement

These Terms and the applicable documents listed in Section 3 constitute the agreement concerning the relevant website use or service.

Severability

If a provision is found unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will remain effective.

No waiver

Failure to enforce a provision does not waive the right to enforce it later.

Assignment

The client may not assign a service agreement without our written consent. TS Estimating may assign an agreement in connection with a business reorganization, merger, sale, or transfer of substantially all relevant assets.

Independent contractor

TS Estimating acts as an independent contractor. Nothing creates an employment, partnership, joint-venture, agency, fiduciary, or franchise relationship.

No third-party beneficiaries

Unless an accepted proposal expressly states otherwise, no person other than the client and TS Estimating has rights under the agreement.

Headings

Section headings are provided for convenience and do not control interpretation.

31. Contact Us

Questions about these Terms may be directed to:

TS Estimating Services

Easton, Pennsylvania, United States
Telephone: +1 (484) 548-5628
Email: contact@tsestimating.com