Terms and Conditions

1. Our Products

PM Workbooks supplies downloadable Microsoft Excel workbooks, templates, dashboards and related digital materials ("Products") designed to assist with project management and project controls.

Products may include tools relating to:

• budgeting and cost control;
• forecasting and cash flow;
• resource planning;
• risk and opportunity management;
• change and variation control;
• claims tracking;
• procurement;
• earned value management;
• document control;
• reporting; and
• other project-management and project-controls functions.

Unless expressly stated otherwise, Products are standardised general-purpose tools and are not specifically designed for your particular project, organisation, contract or circumstances. You are responsible for determining whether a Product is suitable for your requirements before purchasing and using it.

2. General-Purpose Tools

PM Workbooks Products are intended to assist users with organising, recording, calculating, analysing and presenting project information. They are tools only. They do not replace professional judgement, independent verification, contractual review, project-specific analysis or appropriately qualified professional services.

3. No Professional Advice

Products, formulas, calculations, examples, instructions, dashboards, documentation and other information supplied by PM Workbooks do not constitute:

• engineering advice;
• legal advice;
• contractual advice;
• accounting advice;
• taxation advice;
• financial or investment advice;
• quantity surveying advice;
• project certification;
• auditing services;
• contract administration advice; or
• other regulated or professional advice.

Nothing contained in a Product determines your contractual entitlement, legal rights, engineering compliance, financial position or professional obligations. Where appropriate, you should obtain advice from a suitably qualified professional.

4. Your Responsibility

You are responsible for your use of every Product. This includes responsibility for:

• entering accurate and complete information;
• selecting appropriate assumptions;
• checking formulas and calculations;
• verifying outputs;
• reviewing forecasts and projections;
• confirming contractual requirements;
• confirming applicable laws, standards and procedures;
• maintaining appropriate backups;
• protecting confidential project information;
• determining whether an output is suitable for its intended use; and
• making all project, contractual, financial, commercial and management decisions.

You must not rely on a Product as the sole basis for a material financial, contractual, commercial, engineering or project decision. Where an output may materially affect your project or business, you should independently verify the relevant inputs, assumptions, calculations and outputs before acting upon them.

5. Inputs, Assumptions and Outputs

Outputs produced by a Product depend upon the information, assumptions and data entered by the user. Incorrect, incomplete, outdated or inappropriate information may produce inaccurate or misleading outputs.

Forecasts, estimates, cash-flow projections, earned-value calculations, risk calculations, cost-to-complete calculations and other forward-looking outputs necessarily involve assumptions and may differ from actual results. PM Workbooks does not guarantee that an estimate, forecast, calculation or projection will correspond with an actual project result.

6. Product Accuracy and Verification

We take reasonable care in developing and testing our Products. However, spreadsheet software and spreadsheet models may contain errors, formula issues, reference problems, compatibility issues or other defects.

You are responsible for independently checking calculations and outputs that are material to your project or business before relying on them. If you identify what you believe to be an error in an unmodified Product, please contact us so that we can investigate it. Nothing in this section excludes any consumer guarantee, right or remedy that cannot legally be excluded.

7. Changes Made by Users

Products may allow substantial customisation. If you or another person modifies a Product, you accept responsibility for the effect of those changes. This includes changes to:

• formulas;
• worksheets;
• tables;
• named ranges;
• VBA or macros;
• Power Query;
• external links;
• data validation;
• charts;
• dashboards;
• formatting; or
• workbook structure.

To the maximum extent permitted by law, PM Workbooks is not responsible for errors or losses caused by modifications made after the Product was supplied.

8. No Guarantee of Outcomes

Use of a Product does not guarantee:

• project profitability;
• achievement of a project budget;
• accuracy of a forecast;
• successful recovery of a claim;
• contractual entitlement;
• approval of a variation;
• avoidance of delay;
• avoidance of cost overruns;
• successful mitigation of a risk;
• regulatory compliance;
• contractual compliance;
• approval by a client, principal, superintendent, engineer, auditor or other party; or
• any particular project or commercial result.

Actual outcomes depend on circumstances outside PM Workbooks' control.

9. Microsoft Excel and Compatibility

Products are principally designed for use with Microsoft Excel. Product pages or documentation may specify particular compatibility requirements.

Although files may open in other spreadsheet applications, PM Workbooks does not guarantee that all formulas, formatting, charts, macros, data validation, Power Query functions or other features will operate correctly in applications including Google Sheets, LibreOffice or Apple Numbers. You are responsible for obtaining appropriate software required to use a Product.

Microsoft and Microsoft Excel are trademarks of Microsoft Corporation. PM Workbooks is not affiliated with or endorsed by Microsoft unless expressly stated otherwise.

10. Third-Party Software

Changes to Microsoft Excel, operating systems, security settings or other third-party software may affect Product functionality. PM Workbooks does not control third-party software and cannot guarantee perpetual compatibility with future third-party software versions.

11. Licence

Purchasing a Product gives you a limited licence to use that Product. Ownership of the underlying Product and intellectual property is not transferred to you. Unless expressly stated otherwise on the relevant Product page, the licence is:

• non-exclusive;
• non-transferable;
• perpetual for the version purchased; and
• limited to your personal or internal business use.

You may customise the Product and use it in connection with projects undertaken by you or your organisation.

12. Project Outputs

You may provide project-specific outputs created using a Product to clients, consultants, contractors, subcontractors, principals and other legitimate project participants. Permitted outputs may include:

• reports;
• charts;
• dashboards;
• PDFs;
• extracts;
• registers;
• forecasts; and
• project-specific data.

Providing an output does not grant the recipient ownership of or a licence to redistribute the underlying PM Workbooks template.

13. Prohibited Uses

Unless PM Workbooks gives prior written permission, you must not:

• resell a Product;
• redistribute the original Product;
• sublicense a Product;
• publish a Product for public download;
• upload a Product to a template marketplace;
• sell a modified copy of a Product;
• provide the Product itself as a commercial template to another business;
• claim authorship or ownership of the original Product;
• remove copyright or ownership notices;
• use the Product substantially to create a competing commercial template for resale; or
• otherwise commercially exploit PM Workbooks' intellectual property beyond the licence granted to you.

14. Intellectual Property

All intellectual property rights in PM Workbooks Products remain owned by PM Workbooks or its licensors. This includes original:

• workbook structures;
• designs;
• layouts;
• dashboards;
• formulas and formula arrangements;
• written documentation;
• graphics;
• instructions;
• branding; and
• supporting materials.

Your own project information and data remain yours.

15. Sample and Demonstration Data

A Product may contain demonstration projects, hypothetical values, example cost information, fictional companies or other sample information. Such information is provided solely to demonstrate Product functionality.

Example information must not be treated as professional advice, a recommendation, an industry benchmark, a project estimate, evidence of contractual entitlement, or information suitable for your own project without independent assessment. You should replace demonstration information with data relevant to your own circumstances.

16. Payment

Prices are displayed in the currency identified at checkout. Payments may be processed through Stripe or another payment provider. PM Workbooks does not directly store complete payment-card details such as your card number or CVV. Your order is confirmed following successful payment.

17. Digital Delivery

Products are supplied digitally. Your workbook will normally be delivered to the email address entered during checkout within minutes of payment.

• You are responsible for providing an accurate email address.
• Download links expire within 5 calendar days of issue. Save your file promptly after downloading.
• The download link is personal to you and must not be shared with others.
• If you do not receive your email within 15 minutes, check your spam folder then contact us at support@pmworkbooks.com.
• You should download and maintain your own secure backup copy of Products you purchase.

18. Refunds and Consumer Guarantees

Because Products are digitally delivered, PM Workbooks does not ordinarily provide refunds solely because you:

• change your mind;
• decide you no longer need the Product;
• find another product you prefer;
• purchase the wrong Product where its description was clear; or
• do not have compatible software where compatibility requirements were disclosed.

This does not affect any rights you may have under the Australian Consumer Law. If a product genuinely fails to meet a consumer guarantee under Australian law, please contact us at support@pmworkbooks.com and we will assess your situation in accordance with our legal obligations.

19. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies liability where doing so would be unlawful. Subject to that qualification and to the maximum extent permitted by law, PM Workbooks is not liable for loss or damage to the extent that it results from:

• incorrect or incomplete information entered by a user;
• inappropriate assumptions;
• failure to independently verify material calculations or outputs;
• modification of the Product after supply;
• use outside the Product's intended purpose;
• unsupported third-party software;
• corruption or loss of a user's file;
• failure to maintain backups;
• third-party data, systems or services; or
• decisions independently made by a user based on Product outputs.

20. Indirect and Consequential Loss

To the maximum extent permitted by law, PM Workbooks excludes liability for indirect, incidental, special or consequential loss arising from the use of a Product. This may include, where legally excludable:

• loss of opportunity;
• loss of anticipated profit;
• loss of revenue;
• business interruption; and
• consequential commercial losses.

Nothing in this clause excludes liability that cannot legally be excluded.

21. Liability Cap

Where liability may lawfully be limited, PM Workbooks' aggregate liability arising from a particular Product is limited to the amount paid by you for that Product. Where applicable law permits liability to be limited to particular remedies, PM Workbooks may instead limit its liability, where legally permitted, to:

• replacement of the Product;
• correction of the Product;
• resupply of the relevant Product or service; or
• payment of the reasonable cost of obtaining an equivalent remedy.

This section does not apply where such limitation would be unlawful or unenforceable.

22. Use on High-Value Projects

You acknowledge that PM Workbooks Products may be used in connection with projects whose financial value substantially exceeds the purchase price of the Product. The purchase price of a Product does not reflect an assumption by PM Workbooks of responsibility for the value of the project on which the Product may subsequently be used.

You remain responsible for obtaining appropriate review and approval of material budgets, forecasts, claims, variations, payment assessments, contractual notices, cost estimates, risk provisions, procurement decisions, resource decisions and other significant project or commercial outputs.

23. Support

Unless otherwise stated on a Product page, support relates to the intended operation of the original Product. Standard support does not include:

• completing a workbook for your project;
• validating your project data;
• determining your contractual entitlement;
• interpreting a contract;
• engineering, legal, commercial or financial advice;
• project-specific professional advice;
• repairing substantial user modifications; or
• integration with unsupported systems.

Additional consulting or customisation services, if offered, may be subject to separate terms.

24. Updates

Unless expressly stated otherwise, purchasing a Product does not create an entitlement to perpetual updates, upgrades, future versions or ongoing support. PM Workbooks may update Products from time to time. The version purchased remains licensed to you subject to these Terms.

25. Privacy

Personal information is collected and handled in accordance with the PM Workbooks Privacy Policy. Payment information may be processed by third-party payment providers including Stripe.

26. Marketing Communications

By completing your purchase, you consent to PM Workbooks sending commercial electronic messages to the email address you provide, including information about new workbooks, product updates, features, related products, special offers and other PM Workbooks services.

You may withdraw your consent at any time by using the unsubscribe link included in our marketing emails or by contacting us at support@pmworkbooks.com. We will process unsubscribe requests in accordance with applicable law. Transactional emails relating to your purchase, downloads or support may still be sent where appropriate.

27. Payment Disputes and Chargebacks

If you initiate a payment dispute or chargeback, PM Workbooks may provide relevant and lawful transaction evidence to Stripe, your financial institution or another payment provider. This may include:

• transaction records;
• Product delivery records;
• download information; and
• relevant correspondence.

Initiating a fraudulent chargeback where a product has been successfully delivered is a breach of these Terms and may be reported to relevant authorities.

28. International Customers

PM Workbooks may supply Products to customers outside Australia. You are responsible for determining whether a Product is appropriate for your jurisdiction and intended use, and for compliance with applicable laws, professional requirements, taxation requirements and contractual obligations in your jurisdiction. Nothing in these Terms excludes mandatory rights that may apply under local law.

29. Taxes

Taxes will be charged and dealt with as required by applicable law. Customers remain responsible for taxes or duties applicable in their jurisdiction except where PM Workbooks is legally required to collect and remit them.

30. Changes to These Terms

PM Workbooks may update these Terms from time to time. The Terms applying to a purchase will ordinarily be the version presented or made available when the purchase was made. Updates will not retrospectively remove rights already acquired where doing so would be unlawful.

31. Severability

If a provision of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary where possible. If it cannot be read down, the affected provision will be severed and the remaining Terms will continue to operate.

32. No Waiver

Failure by PM Workbooks to enforce a provision of these Terms on one occasion does not waive its right to enforce that provision in the future.

33. Entire Agreement

These Terms, together with the relevant Product description, checkout information and any terms expressly incorporated into the transaction, form the agreement governing your purchase and use of the Product.

34. Governing Law

These Terms are governed by the laws of Queensland, Australia.

35. Contact

support@pmworkbooks.com
ABN 65 633 561 214