LEGAL
Terms of Services
Last updated: 13 May 2026 · Effective: 13 May 2026
These Terms of Service govern the relationship between The BIM Factory Ltd ("TBF", "we", "us", or "our") and any client or user ("you") who engages our services or accesses our platforms. By engaging TBF for any project or service, you agree to be bound by these terms. Please read them carefully.
01
About The BIM Factory
The BIM Factory Ltd is a Vietnam-registered company (MST: 0312 567 436) with its registered office at 20-B Doan Huu Trung, An Khanh Ward, Thu Duc City, Ho Chi Minh City, Vietnam. We provide BIM modeling, digital delivery, DfMA coordination, Scan-to-BIM, and related consulting and technology services to architecture, engineering, and construction firms globally.
02
Scope of Services
The specific scope, deliverables, timelines, fees, and technical requirements of any engagement are defined in a separate Project Agreement, Scope of Work, or Purchase Order agreed in writing between TBF and the client. These Terms of Service apply to all such agreements and govern any matter not explicitly addressed within them.
TBF reserves the right to decline any project inquiry at its discretion and without obligation to provide a reason.
03
Fees and Payment
All fees are stated in the applicable Project Agreement. Unless otherwise agreed in writing:
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Invoices are due within 30 days of the invoice date.
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Late payments attract interest at 1.5% per month on the outstanding balance.
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TBF may suspend work on any active project where an invoice remains unpaid beyond 45 days without written dispute.
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All fees are exclusive of applicable taxes, which remain the responsibility of the client.
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Wire transfer fees and banking charges are the responsibility of the paying party.
TBF does not accept responsibility for delays caused by payment disputes. Any disputed invoice must be raised in writing within 10 business days of receipt.
04
Intellectual Property and Deliverables
Upon receipt of full payment for a completed project phase or deliverable, TBF assigns to the client all intellectual property rights in the specific deliverables produced for that engagement, including BIM models, documentation, drawings, and reports.
TBF retains ownership of the following at all times:
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All proprietary tools, scripts, plugins, workflows, templates, and internal systems used to produce deliverables, including but not limited to Estimaster, BIM Genesis, Polaris DB, TBF ProTrack, and BIM Quote Builder.
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All methodologies, processes, and know-how developed independently of any specific client engagement.
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All pre-existing materials incorporated into deliverables.
The client grants TBF a non-exclusive license to use any client-supplied materials (drawings, point clouds, survey data, specifications) solely for the purpose of delivering the agreed scope.
05
Confidentiality
Each party agrees to treat as confidential all non-public information received from the other party in connection with any project ("Confidential Information"), and to use it solely for the purpose of delivering or receiving the agreed services.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided the disclosing party is given reasonable prior notice.
TBF operates under non-disclosure agreements where required and routinely handles sensitive architectural and commercial data with strict internal access controls.
06
Client Responsibilities
The client is responsible for providing accurate, complete, and timely input materials including reference drawings, survey data, specifications, and feedback required for project delivery. TBF is not liable for delays, errors, or rework caused by:
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Inaccurate or incomplete information provided by the client or their consultants.
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Late approvals, revisions, or change instructions issued outside of the agreed schedule.
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Design changes instructed after BIM modeling has commenced.
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Third-party software compatibility issues outside TBF's control.
Scope changes requested after project commencement will be assessed and quoted separately as variation orders.
07
Limitation of Liability
To the fullest extent permitted by applicable law, TBF's total liability to any client arising out of or in connection with any project or these terms, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the client to TBF in the three months preceding the event giving rise to the claim.
TBF is not liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profit, loss of data, or business interruption, even if advised of the possibility of such damages.
TBF's BIM deliverables are produced for coordination and documentation purposes. Final engineering responsibility, code compliance verification, and construction decisions remain with the relevant licensed professionals of record.
08
Portfolio and Case Studies
Unless the client expressly requests otherwise in writing prior to project commencement, TBF reserves the right to include project images, renderings, and descriptive information in its portfolio, website, marketing materials, and case studies. Individual client names and commercially sensitive data will not be disclosed without prior written consent.
09
Termination
Either party may terminate an engagement with 14 days written notice if the other party materially breaches any term and fails to remedy that breach within 7 days of receiving written notice of it.
Upon termination, the client shall pay TBF for all work completed and costs reasonably incurred up to the termination date. TBF will deliver all completed deliverables upon receipt of outstanding payment.
10
Governing Law and Disputes
These Terms of Service and all Project Agreements are governed by the laws of the Socialist Republic of Vietnam. Both parties agree to attempt to resolve any dispute through good-faith negotiation before initiating formal proceedings.
If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration under the rules of the Vietnam International Arbitration Centre (VIAC) in Ho Chi Minh City. The language of arbitration shall be English.
11
Amendments
TBF may update these Terms of Service periodically. The updated version will be published on our website with a revised effective date. Continued engagement with TBF after the effective date constitutes acceptance of the revised terms. We recommend reviewing this page periodically.
12
Contact
For questions or concerns regarding these Terms of Service, please contact us at:
The BIM Factory Ltd
20-B Doan Huu Trung, An Khanh Ward,
Thu Duc City, Ho Chi Minh City, Vietnam
+84 028 3519 0091