Terms of service
1. Who we are and what this is
These terms are a contract between you and File My Building is a trading name of ED&EU Ltd, registered in Scotland, company number SC866978, registered office 220 Elizabeth Drive, Bathgate EH48 1HU ("we", "us"), the operator of this website and the Tier 2 Filing Kit (the "Kit"). By placing an order you accept these terms, our refund policy and our privacy notice.
We are an independent company. We are not the Washington State Department of Commerce, not a utility, and not endorsed by or affiliated with either.
2. The service is document preparation, not professional advice
The Kit is a software-assisted document-preparation service. Using information you give us, we prepare draft documents (an Energy Management Plan, an Operations and Maintenance Program, a Reporting Tools answer sheet, a benchmarking data sheet, and guides) structured around the requirements of Washington's Clean Buildings Performance Standard, Tier 2 (RCW 19.27A and WAC 194-50).
We are not engineers, lawyers, accountants, energy auditors or Qualified Energy Managers, and we do not act as any of these for you. Nothing we provide is engineering, legal, tax or energy-auditing advice, and no professional relationship is created. We do not sign, attest, certify, submit or file anything on your behalf, and we do not certify that any document complies with WAC 194-50, ANSI/ASHRAE/IES Standard 100, or any other law or standard.
Our drafts are produced with the help of large language model software and are reviewed by a person before delivery. They are drafts for your review. You are responsible for checking them, adapting them to how your building is actually operated, and having them reviewed and signed by a Qualified Energy Manager or Qualified Person as the rule requires.
3. Your responsibilities
- You confirm that you own, manage or are authorised to act for the building, and that the information you give us is accurate and complete to the best of your knowledge. Our drafts are only as good as that information.
- You are responsible for reviewing the drafts, for the decision to use them, for implementing the Operations and Maintenance Program, for arranging a Qualified Energy Manager, for benchmarking in ENERGY STAR Portfolio Manager, and for every filing, application and signature in the Clean Buildings Portal.
- You will not give us your Secure Access Washington or Clean Buildings Portal credentials, and we will never ask for them.
- You will not resell or redistribute the Kit. You may use it for the building named in your order, and copy or adapt it freely for that building.
4. Ordering, price and payment
The price is shown in US dollars at checkout and is for one building. Payment is taken by card through Stripe when you order. The order is for the building you name at checkout; a second building is a second order.
5. Delivery
After payment you receive a link to our intake form. Your intake is "complete" on the Washington business day we have received answers to every required question and twelve consecutive months of utility data (bills, statements or a utility usage download), and we have confirmed that by email. We deliver the Kit by email to the address on your order within five Washington business days of the day your intake is complete. "Washington business days" are Monday to Friday excluding Washington State public holidays. If we need more information we will ask within two business days, and the five-day clock pauses until you reply.
6. Corrections and refunds
One round of corrections to the Kit documents is included: send your changes within 30 days of delivery, or within 30 days of receiving a correction request from Commerce that relates to the Kit documents, and we will revise and redeliver within five Washington business days. Refunds are governed by our refund policy, which forms part of these terms. In summary: full refund if we deliver late; refund of the price less a [$150] drafting fee if you cancel after your intake is complete but before delivery; full refund if you cancel before your intake is complete; no refund after delivery except as the law requires.
7. No promise about Commerce's decision or your incentive
We do not promise that Commerce will accept any filing, that you will receive any incentive, or that you will avoid any penalty. Those outcomes depend on your building, your data, your Qualified Energy Manager, Commerce's review, your utility's participation and the availability of funds, none of which we control. Figures on this website about incentives, penalties and deadlines are general information drawn from public sources on the dates stated, and may change.
8. Our liability
To the fullest extent permitted by law, our total liability to you for anything arising out of or connected with the Kit or these terms, whether in contract, tort (including negligence) or otherwise, is limited to the amount you paid us for the order concerned. We are not liable for any indirect or consequential loss, loss of incentive, penalties or fines imposed by any authority, loss of profit or loss of business. Nothing in these terms limits liability that cannot be limited by applicable law, including any rights you have under the Washington Consumer Protection Act (RCW 19.86) to the extent it applies.
9. Intellectual property
You own the completed documents we deliver for your building and may use, copy and adapt them for that building without restriction. We keep ownership of our templates, structures, prompts and methods. Commerce's Reporting Tools, templates and the text of the standard belong to their owners; we link to them and do not supply copies.
10. Privacy
We use the information you give us only to prepare and deliver your Kit, to support you, and to meet our legal obligations, as set out in the privacy notice.
11. Governing law and disputes
These terms are governed by the law of Scotland. If a dispute arises, we both agree to try to resolve it by email first. Either of us may bring a claim in the Scottish courts; nothing in this clause prevents you from bringing a claim in the courts of your own state where the law gives you that right.
12. Changes and contact
We may update these terms for future orders; the version you accepted at checkout applies to your order. Contact: hello@filemybuilding.com. Registered office: 220 Elizabeth Drive, Bathgate, Scotland EH48 1HU. Company number SC866978 (Scotland). Director: Edmonts Silins.