Terms of Sevice

These Terms of Service are an agreement between DWB Technologies Pty Ltd (ABN 65 664 072 968) trading as Dayworkbook ("Dayworkbook", "we", "us", "our") and the organisation or person who opens an account ("you"). By creating an account or using Dayworkbook, you agree to these terms.

Dayworkbook is a construction-technology platform that helps subcontractors create, sign and compile daywork sheets and compile billing reports. Daywork sheets record work performed on site; rates appear in billing reports, not on the sheets.

You must be at least 18 years old. By creating an account, you confirm that you are acquiring and using the Services for the purposes of a business, trade, profession or occupation, and not predominantly for personal, domestic or household use, and that you have authority to agree to these terms (for yourself and, if you sign up for an organisation, on its behalf).

Accounts are organisation-based and may have multiple users. Access is controlled by roles: Org Admin (the only role with payment access), Admin + Billing, Admin, Standard, Read Only, and Inactive. Financial information inside the platform — including rates, billing reports and payment details — is visible only to the Org Admin and Admin + Billing roles. The account owner (the Org Admin) is responsible for the account, for what authorised users do, for keeping login details secure, and for paying fees. Sheet limits apply across the whole organisation, not per user.

You keep ownership of the content you enter (including daywork sheets, signatures and project details). You grant us the licence needed to host, process and display that content to provide the service, to support you, and to operate and improve the platform as described in these terms and our Privacy Policy.

You are responsible for the accuracy of everything you enter and produce using Dayworkbook. This includes the rates, quantities, descriptions, calculations and totals in your daywork sheets and billing reports. Dayworkbook is a tool for recording and compiling your information — it does not verify, approve or guarantee the accuracy of any rate, total or billing output. You must check and confirm that your billing reports and other outputs are correct before you rely on them, issue them, or use them to make a claim or invoice. We are not responsible for any error in your content or outputs, or for any under-claim, lost revenue or other commercial loss arising from it.

You must not misuse the platform, break the law, infringe others' rights, attempt to access it without authorisation, or use it to build a competing product. We may suspend or limit access if you breach these terms or to protect the platform or others.

By accepting these terms, you grant us a non-exclusive, royalty-free licence to use your organisation's name and logo to identify you as a Dayworkbook customer in our marketing materials, website, app, sales collateral, presentations, social media, and related promotional content. Where you or an authorised user provides a testimonial, quote or review, you also grant us the right to reproduce and attribute that content (including the speaker's name, role and organisation) in the same materials.

We will use your name, logo and any quotes in a way that is accurate and not misleading, and we will not alter a quote in a way that changes its meaning.

You may withdraw this consent at any time by emailing support@dayworkbook.com. We will stop using your name, logo and quotes in new materials promptly following your request. Content already published or distributed (for example, a printed brochure or a case study video already in circulation) may continue to be used until naturally retired.

Dayworkbook is offered on paid subscription plans. The plans available to you, and their prices, are shown at checkout. Prices vary by country, may be charged in Australian dollars or a local currency, and may change from time to time on reasonable notice (changes take effect at your next renewal). Annual plans are offered at a discount to monthly plans. Discount or promotional codes may be applied where available. Taxes may apply.

New customers can start a 30-day free trial with full features. A valid credit card is required up front. Unless you cancel before the trial ends, your paid subscription begins automatically and your card is charged for the plan you selected. We will remind you before the trial ends.

• Auto-renewal: subscriptions renew automatically (monthly or annually) until cancelled. We will make renewal terms clear and remind you where appropriate.
• Payment methods: we accept payment through our payment processor, including major credit and debit cards. Apple Pay and Google Pay are supported.
• Upgrades take effect immediately. On a monthly plan, an upgrade is charged at the full price of the new plan for the current month. Upgrades on annual plans are handled as shown at the time you upgrade.
• Downgrades take effect at your next renewal, not immediately.
• Existing sheet credits: if you used our previous pay-as-you-go model, your account will be transitioned to a subscription at login and you may be offered a discount code. Any remaining daywork-sheet credits from the previous model will expire on transition.
  

If you are a new subscriber converting from the free trial to a paid plan for the first time, you may request a full refund within 14 days of your first payment if you are not satisfied, by contacting admin@dayworkbook.com. This refund window applies once per organisation, to the first payment only, and does not apply to renewals, upgrades, additional seats, or subsequent billing periods.

You can cancel at any time from your account settings; cancellation takes effect at the end of your current billing period and stops future renewals. Outside the refund window described in section 9, fees already paid are not refundable, including where you cancel an annual plan part-way through its term — you keep access until the end of the paid period. Nothing in these terms limits rights you have under the Australian Consumer Law or other laws that cannot be excluded (see section 13). If something goes wrong with the service, you may be entitled to a remedy under the consumer guarantees, and we will honour those rights.

If a payment fails, the following applies so you always know where you stand:

• Days 1–7: a grace period while we retry payment and you keep full access.
• Days 8–30: soft restriction — your account becomes read-only.
• Day 30 onwards: hard lockout until the account is brought up to date.
• Day 90: we send a reminder that your account remains locked and that, in line with our data retention policy (see our Privacy Policy), your data will be deleted 12 months after your subscription ended if the account is not reactivated. We will tell you about failed payments and give you a chance to fix them.

Our handling of personal information is set out in our Privacy Policy. You agree that we may use data from your use of the platform — including usage data and, where relevant, content you enter — to operate, secure, analyse, improve and develop the platform, to assess account usage and predict churn, to identify and offer relevant plans, features or upgrades, and to power AI features. We use trusted third-party AI subprocessors, currently OpenAI and Anthropic, accessed through their business/API services, under which customer data is not used to train their general-purpose models. We may also use information in an aggregated form that does not identify your organisation for research, product development, and other purposes, including sharing this aggregated information with third parties, as described in our Privacy Policy. AI features produce suggestions that may contain errors; you are responsible for checking outputs before relying on them.

This section is subject to the Australian Consumer Law (ACL) and other laws that cannot be excluded.

• Non-excludable rights: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a remedy as provided by law, and to compensation for reasonably foreseeable loss or damage. Nothing in these terms excludes, restricts or modifies those rights.
• Other warranties: To the extent permitted by law, and apart from the non-excludable guarantees, the platform is provided "as is" and we do not give other warranties, express or implied.
• Accuracy of your billing: To the maximum extent permitted by law, we are not responsible for the accuracy of rates, quantities, totals or billing reports produced using the platform, or for any under-claim, lost revenue or other commercial loss arising from your content or outputs. You are responsible for checking them (see section 4).
• Limiting liability where the law allows: Where we are permitted to limit liability for a failure to comply with a consumer guarantee (for services not ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to re-supplying the service or paying the cost of re-supply.
• Cap and exclusions: To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, and our total aggregate liability in any 12-month period is limited to the fees you paid us in the 12 months before the claim. These limits do not apply to liability that cannot be limited by law, or to our fraud, wilful misconduct or gross negligence.
• Data: you are responsible for keeping your own backups of important records; for loss or corruption of your data, our liability is limited to taking reasonable steps to restore it from our available backups.

We may suspend or terminate access if you breach these terms, fail to pay, or where reasonably necessary to protect the platform or others. You can stop using Dayworkbook and close your account at any time. On termination, your right to use the platform ends; data handling follows our Privacy Policy retention periods.

We may update the platform and these terms from time to time. Where changes are material, we will give reasonable notice. Continuing to use Dayworkbook after changes take effect means you accept the updated terms.

These terms are governed by the laws of Western Australia, and you and we submit to the courts of Western Australia (and the Commonwealth courts that hear appeals from them). Before starting court proceedings, both of us agree to first try to resolve the dispute in good faith: contact us at admin@dayworkbook.com with details, and we will work with you to resolve it promptly. This does not stop either of us from seeking urgent relief from a court, or from exercising rights under laws that cannot be excluded, including the Australian Consumer Law.

If any part of these terms is found to be unenforceable, the rest continues to apply. Our failure to enforce a term is not a waiver. You may not transfer your account without our consent; we may assign these terms in connection with a business sale or restructure. These terms are the entire agreement between us about the platform.