Estimator Terms of Service | Pinch Estimating

1. Acceptance of Terms

By submitting the estimator application, scanning the QR code that links to our application form, or otherwise engaging with Pinch Estimating, you confirm that you have read, understood, and agree to be legally bound by these Terms and the Privacy Policy. If you do not agree, do not submit the form and discontinue use of our services.

2. Eligibility & Geographic Scope

You must be at least 18 years old (19 in jurisdictions where that is the age of majority), legally authorized to perform contract work, and a resident of the United States, a U.S. Territory (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, Northern Mariana Islands), or Canada. You must have a minimum of three (3) years of professional construction estimating experience.

3. Independent Contractor Relationship (1099)

You are engaged as an independent contractor, not an employee, partner, joint venturer, or agent of Pinch Estimating or Tool Tackle LLC. U.S.-based estimators will receive IRS Form 1099-NEC for compensation that meets reporting thresholds. Canadian estimators will receive payment as a self-employed contractor and are responsible for their own T2125 reporting and any applicable GST/HST/PST/QST registration and remittance.

You control the manner and means by which estimating work is performed, supply your own equipment, tools, software licenses, internet, and workspace, and may accept or decline projects at your discretion. Nothing in these Terms creates an employment relationship, and you are not entitled to employee benefits (health insurance, retirement, paid leave, workers' compensation, or unemployment).

4. Taxes & Withholding

You are solely responsible for paying all federal, state, provincial, territorial, and local taxes related to compensation received from Pinch Estimating, including but not limited to:

U.S. federal income tax and self-employment tax (Social Security and Medicare) per IRS rules;
U.S. state and local income, business, and franchise taxes;
Canadian federal and provincial income tax, CPP/QPP contributions, and EI (where applicable);
GST, HST, PST, QST, or any other applicable sales/value-added taxes;
U.S. Territory taxes (e.g., Puerto Rico Hacienda filings).

Pinch Estimating will not withhold any taxes from your compensation. You must submit a valid IRS Form W-9 (U.S.) or Form W-8BEN (non-U.S.) before payment, and provide any tax identification documentation reasonably requested.

5. Insurance Requirements

As a condition of receiving and performing work, you must maintain, at your sole expense, the following insurance coverage in full force throughout your engagement:

Commercial General Liability insurance with minimum limits of US $1,000,000 per occurrence and US $2,000,000 aggregate.
Professional Liability / Errors & Omissions (E&O) insurance — your contractor insurance policy must include a professional consulting clause that expressly covers losses, claims, and damages arising from inaccuracies, errors, or omissions in estimating, takeoffs, quantity surveys, or related consulting deliverables, with minimum limits of US $1,000,000 per claim.
Cyber Liability coverage is recommended where you handle client plan sets or proprietary data.
Workers' compensation as required by your jurisdiction if you have employees or sub-contractors.

You must name Tool Tackle LLC dba Pinch Estimating as an additional insured on your General Liability and Professional Liability policies, provide a Certificate of Insurance (COI) reflecting such status prior to engagement, and notify us at least thirty (30) days before any cancellation, non-renewal, or material reduction in coverage.

6. Professional Standards & Estimating Accuracy

You represent and warrant that all estimates, takeoffs, and deliverables will be prepared with the degree of skill and care ordinarily exercised by qualified construction estimators, will conform to applicable industry standards (ASPE, AACE, RICS, CIQS where relevant), and will be free from material errors. You are responsible for verifying plan revisions, addenda, scope, units, and pricing assumptions before delivery.

7. Indemnification

You agree to defend, indemnify, and hold harmless Tool Tackle LLC, its parent company, affiliates, subsidiaries, officers, directors, members, managers, employees, agents, contractors, successors, and assigns (including the brand "Pinch Estimating") (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

Your acts, errors, omissions, negligence, or willful misconduct;
Inaccuracies, mistakes, miscalculations, or omissions in any estimate, takeoff, bid, or deliverable you produce;
Your breach of these Terms, the Privacy Policy, or any project-specific agreement;
Your violation of any law, regulation, license, or third-party right (including IP and confidentiality);
Failure to maintain the insurance required in Section 5;
Any tax liability, penalty, interest, or assessment related to compensation paid to you;
Personal injury, property damage, or economic loss caused or contributed to by your work product.

Pinch Estimating may, at its option, assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate fully. This indemnification obligation survives termination of these Terms.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOOL TACKLE LLC, PINCH ESTIMATING, OR THEIR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY US TO YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

9. Intellectual Property & Work Product

All deliverables prepared for a Pinch Estimating client are work made for hire or, where that doctrine does not apply, are hereby assigned to Pinch Estimating (or the end client, as applicable) upon delivery and payment. You retain ownership of your pre-existing tools, templates, and methodologies and grant a non-exclusive license to use them as embedded in deliverables.

10. Confidentiality & Non-Solicitation

You will treat all client plans, pricing, project information, and Pinch Estimating business information as confidential and will not disclose or use it except to perform the engagement. For twelve (12) months after the last assignment, you will not directly solicit or accept estimating engagements from any Pinch Estimating client introduced to you through our network, except through Pinch Estimating.

11. Compensation & Payment Terms

Compensation is a fixed price per plan agreed in writing for each assignment. Payment is issued in U.S. dollars on net-15 to net-30 terms after acceptance of the deliverable. You are responsible for currency conversion fees and any banking charges in your jurisdiction.

12. Marketing Communications (Email & SMS)

By submitting the application form, you expressly consent to receive transactional and marketing communications from Pinch Estimating, including emails and text messages (SMS/MMS), regarding new project opportunities, network updates, and promotional content. Message and data rates may apply. Message frequency varies. Consent is not a condition of engagement or payment.

Email: Unsubscribe at any time using the link in any email.
SMS: Reply STOP to opt out, HELP for help.
U.S. communications comply with the TCPA, CAN-SPAM Act, and applicable state laws.
Canadian communications comply with Canada's Anti-Spam Legislation (CASL); you may withdraw consent at any time.

13. Suspension & Termination

Either party may terminate the relationship at any time, with or without cause, upon written notice. Pinch Estimating may immediately suspend or remove you from the network for breach of these Terms, lapsed insurance, repeated estimating inaccuracies, or any conduct that creates client, legal, or reputational risk. Sections 4–10, 14, and any accrued payment obligations survive termination.

14. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules. The parties will first attempt to resolve disputes by good-faith negotiation. Unresolved disputes will be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in a venue mutually agreed or, failing agreement, in Florida. Each party waives the right to participate in a class action. Nothing in this Section prevents either party from seeking injunctive relief in court for IP, confidentiality, or non-solicitation violations.

15. U.S. State-Specific Disclosures

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Texas, Utah, Virginia, and other state residents have specific privacy rights described in the Privacy Policy. Massachusetts, New York, and Illinois residents acknowledge specific independent contractor classification disclosures and may request a copy of the controlling project agreement.

16. U.S. Territories Provisions

Residents of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands acknowledge that local labor, tax, and consumer-protection laws may apply in addition to U.S. federal law. Puerto Rico residents will file Hacienda Form 480.6A/480.6SP-equivalent informational returns where required.

17. Canadian Resident Provisions

Canadian estimators acknowledge that they operate as self-employed contractors under CRA guidance, are responsible for their own income tax (T1/T2125), CPP/QPP contributions, and where registered, GST/HST/PST/QST collection and remittance. Marketing communications comply with CASL (S.C. 2010, c. 23). Quebec residents may request French-language versions of agreements pursuant to the Charter of the French Language; by accepting these Terms in English, Quebec residents expressly request that these Terms and all related documents be drafted in English (les parties confirment leur volonté que la présente convention soit rédigée en anglais). Privacy is governed by PIPEDA and applicable provincial privacy laws (e.g., Quebec Law 25, Alberta PIPA, BC PIPA).

18. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or by posting a notice in the estimator portal. Continued participation after the effective date of an update constitutes acceptance.

19. Contact

Tool Tackle LLC dba Pinch Estimating
Email: legal@pinchestimating.com
Estimator inquiries: estimators@pinchestimating.com