Terms of Service

Effective date: 16 March 2026 · Last updated: 16 March 2026

These Terms of Service (“Terms”) govern your access to and use of the Sabeam platform, website, and services (collectively, the “Service”) provided by Sabeam Pty Ltd (ABN to be confirmed) (“Sabeam”, “we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms.

1. Definitions

  • “Account” means a registered account on the Sabeam platform.
  • “Builder” means a licensed building practitioner using the Service to receive milestone-based payments.
  • “Escrow” means funds held in a trust account pending release upon milestone verification.
  • “Homeowner” means a property owner or authorised representative using the Service to fund construction milestones.
  • “Milestone” means a defined stage of construction work with an associated payment amount.
  • “Platform” means the Sabeam web application, API, and associated services.

2. Eligibility

To use the Service, you must: (a) be at least 18 years of age; (b) be an Australian resident or operate a business registered in Australia; (c) provide accurate and complete registration information; and (d) comply with all applicable laws and regulations, including any applicable building and construction licensing requirements.

3. Account Registration

You must register for an Account to access the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorised use.

We may require identity verification as part of our regulatory obligations. You agree to provide accurate identification documents when requested and acknowledge that failure to complete verification may result in restricted access to the Service.

4. Description of the Service

Sabeam provides a milestone-based escrow payment platform for residential construction projects. The Service enables:

  • Homeowners to pre-fund construction milestones into a trust account
  • Builders to receive payment upon verified milestone completion
  • Both parties to track project progress and payment status
  • Automated payment release upon milestone verification

Sabeam is a technology platform. We are not a bank, financial adviser, building consultant, or party to the construction contract between you and your builder or homeowner.

5. Escrow and Payment Terms

5.1 Funding

Homeowners authorise funding via their banking institution. Funds are held in a trust account operated by our regulated payments provider, separate from Sabeam’s operating funds. Sabeam does not have discretionary access to escrowed funds.

5.2 Milestone Release

Funds are released from escrow only when the applicable milestone conditions are satisfied, which may include builder submission, homeowner approval, or independent verification. Released funds are transferred directly to the builder’s nominated bank account via real-time bank transfer.

5.3 Disputes

Either party may raise a dispute regarding milestone completion. Disputes must be raised in good faith and supported by evidence. During a dispute, funds associated with the disputed milestone are frozen; other milestones on the same project continue to operate normally.

5.3.1 Dispute Categories

When raising a dispute, the disputing party must select a structured category (e.g., incomplete work, defective work, scope deviation, safety concern, or contract breach) and provide a written statement of the grounds for the dispute. Free-text disputes without categorisation are not accepted.

5.3.2 Evidence Requirements

The disputing party must submit supporting evidence (photographs, documents, inspection reports, or written statements) within 48 hours of raising the dispute. Failure to submit evidence within this window will result in the dispute being automatically dismissed and funds released to the other party.

5.3.3 Resolution Timeline

Disputes follow a structured resolution process: (a) a 48-hour evidence submission window; (b) a mediation review period of up to 72 hours; and (c) if unresolved, an adjudication period of up to 7 days from the date the dispute was raised. Both parties will be notified at each stage.

5.3.4 Binding Resolution

Both parties agree that the resolution outcome determined through the Sabeam dispute resolution process is binding for amounts up to AUD $50,000. For disputed amounts exceeding AUD $50,000, either party retains the right to pursue resolution through the applicable state tribunal (such as QCAT or NCAT) or court of competent jurisdiction.

5.3.5 Good Faith Clause

Disputes must be raised on genuine grounds. Frivolous, vexatious, or bad-faith disputes — including disputes raised for the purpose of delaying payment, extorting concessions, or exploiting trust account float — constitute a breach of these Terms. Users who engage in a pattern of frivolous disputes will be subject to graduated consequences as described in Section 6.2.

5.3.6 Indemnification for Frivolous Disputes

A party that raises a dispute subsequently determined to be frivolous or vexatious indemnifies Sabeam and the other party for any costs, losses, or damages incurred during the dispute period, including but not limited to administrative costs, delayed payment costs, and professional fees. This is without prejudice to any other right or remedy available under law.

5.3.7 Force Majeure Exclusion

Weather events, supply chain delays, regulatory changes, and other force majeure circumstances are not grounds for payment disputes. Such matters should be addressed through variation orders or contract amendments, not through the dispute mechanism.

5.4 Fees

Fees for the Service are set out in the pricing schedule available on our website or as agreed in your service agreement. We may update fees with 30 days’ prior written notice. Fees are non-refundable unless otherwise required by law.

6. User Obligations

You agree to:

  • Provide accurate and current information at all times
  • Use the Service only for lawful purposes related to construction projects
  • Not use the Service to facilitate money laundering, terrorism financing, or any illegal activity
  • Comply with all applicable building, construction, and licensing laws
  • Respond to verification requests and dispute notices in a timely manner
  • Not attempt to circumvent the escrow process or platform security controls

6.2 Trust Scores and Graduated Consequences

Sabeam maintains a platform trust score for each user based on on-platform behaviour, including dispute outcomes, milestone completion rates, and response times. Users with a pattern of frivolous disputes, non-responsiveness, or bad-faith conduct are subject to graduated consequences:

  • Warning: Automated notice explaining the impact of the dismissed dispute on your trust score.
  • Restriction: Mandatory evidence requirements for all future claims and extended review windows (applied after a second frivolous dispute within 6 months).
  • Probation: New projects require manual Sabeam approval before funds can be deposited (applied after a third frivolous dispute within 6 months).
  • Suspension: Account frozen for a defined period. Must contact support to resolve (applied upon persistent pattern of abuse).
  • Termination: Account permanently deactivated. Remaining escrowed funds handled per applicable law (applied in cases of severe or repeated bad-faith conduct).

Trust scores and consequences are designed to protect the integrity of the platform for all users. They do not constitute a credit score or financial assessment.

7. Intellectual Property

All content, software, technology, and materials provided through the Service are the property of Sabeam or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

8. Limitation of Liability

To the maximum extent permitted by law, Sabeam’s total liability to you for any claim arising from or related to the Service is limited to the fees paid by you to Sabeam in the 12 months preceding the claim. Sabeam is not liable for:

  • Delays or failures in construction work
  • Disputes between homeowners and builders regarding construction quality
  • Actions of third-party service providers, including payment processors
  • Loss of profits, data, or business opportunity (to the extent permitted by law)
  • Circumstances beyond our reasonable control (force majeure)

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Indemnification

You agree to indemnify and hold harmless Sabeam, its officers, directors, employees, and agents from any claims, losses, or damages (including legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; or (c) your violation of any law or third-party rights.

10. Termination

Either party may terminate the use of the Service by providing written notice. We may suspend or terminate your Account if you breach these Terms or if required by law. Upon termination, any funds held in escrow will be handled in accordance with the applicable escrow agreement and relevant law.

11. Modifications

We may update these Terms from time to time. Material changes will be notified via email or a prominent notice on the Platform at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of New South Wales, subject to any rights you may have under Australian Consumer Law to bring proceedings in your home jurisdiction.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14. Contact

For questions about these Terms, contact us at legal@sabeam.com.au or write to:

Sabeam Pty Ltd
Legal Department
Sydney, NSW, Australia