Terms Of Service
Terms of Service Agreement (the "Agreement") is entered into by and between Contractors Bidding, LLC, ("Contractors Bidding"), and any Company/Business/Person ("Contractor"), which uses Contractors Bidding's Site (the "Site"). By using the Contractors Bidding Site, you agree to be bound by this Agreement. Contractors Bidding and Contractor are each a "Party" and the "Parties" collectively agrees to the following terms and conditions;
The following capitalized terms shall have these meanings set forth in the agreement hereto:
Service Request; Referral; Lead; Job; Project: means a residential or commercial services request by a consumer user who completes and submits Referral information and a request for bids from Contractors Bidding's Contractors.
Project Owner: means a consumer user who submits a referral, job, project, service request or Referral on Contractors Bidding's site
Contractor: means a service professional/contractor using Contractors Bidding's site.
Bid; Estimate: means a contractor submitted an estimate to a project owner, verbally written or in any other form.
Content: means the collection of any and all assets on the Contractors Bidding site.
Site: means any web site located at a Contractors Bidding owned domain, including all sub-domains and directories thereof, and all successor sites thereto.
Membership: means a paying contractor that has enrolled in Contractors Bidding's services.
Account: means the web pages a contractor logins into on Contractors Bidding's site.
Call: means a conversation on a telephone communication device.
Email: means an electronic communication.
Transaction: means the act of conducting or carrying out (business, negotiations, and plans); a deal or business agreement; an exchange or trade, as of ideas, money, goods, etc.
Contractors Bidding is a multi-purpose Site that matches Referrals from Project Owners with Contractors. Contractors Bidding offers free services and paid Membership services.
Contractors Bidding is not involved in any Transaction between Project Owners and Contractors. Consequently, Contractors Bidding cannot ensure a Transaction shall occur between a Contractor and Project Owner. In the event a Transaction does occur, Contractors Bidding shall have no control over the quality, safety or legality of the product(s) and/or service(s). The Contractors Bidding Site acts as a venue for Project Owners to submit Referrals to Contractors; Contractors may or may not respond to Referrals. Contractors Bidding does not charge Project Owners to submit Referrals.
a) Contractors Bidding shall use reasonable efforts to advertise and locate Referrals solely to allow Contractors the opportunity to attempt to Bid on such Referrals. Project Owners provide Referrals to assist Contractors Bidding in matching a Contractor to such Referrals. Contractors Bidding shall accept Referral information provided by Project Owners in good faith and are under no obligation to verify any information provided.
b) Project Owners are under no obligation to enter into contract with Contractors matched to Service Requests. Contractors Bidding doesn't require but asks Project Owners to make reasonable efforts to negotiate, in good faith, toward closing a contract with Contractors referred by Contractors Bidding.
c) Project Owners shall have the right to withdraw Referrals from their Contractors Bidding Account at any time.
d) Contractors Bidding shall not have the right to make, any commitment or commitments on behalf of Contractors or Project Owners. All terms of any agreement between Contractors and Project Owners shall solely be the respective parties' responsibility. It is understood and agreed that Contractors Bidding is not a guarantor of any Project Owners and Contractors requests, claims, or statements.
e) Contractors shall make an independent determination of Project Owners Referrals, claims, statements, or ability to pay for work on the Project and shall hold Contractors Bidding harmless from any and all contract disputes, payment disputes, or problems that may arise. Contractors Bidding shall have no liability, of any kind, to Contractors arising out of any contract or relationship between Project Owners and Contractors.
f) Contractors Bidding reserves the right to post, on its Site, product or service information entered by Contractors in the Contractor Account. Contractors Bidding reserves the right to edit, change, or update any incorrect information provided by Contractors. Contractors hereby acknowledge that neither Contractors Bidding, nor any of its service providers or partners, shall have any liability for how the services are used, what content is posted or accessed, or what products or services are made available through the Site.
g) The Agreement shall be binding upon the parties' successors and assignees.
h) Referral Brokers and/or Referral reselling is not permitted on Site. If any Account is reselling Referrals such Accounts will be suspended immediately and subject to $1,000 penalty.
Content & Validity
Contractors Bidding shall not be held liable for any inaccurate Content that is posted on the Site by Contractors. Contractors Bidding is not obligated in any way to verify the information provided by Contractors is valid or true.
Contractors posting Content on Contractors Bidding's Site for inclusion on the Site, hereby grant Contractors Bidding a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your business/company. If you delete or remove Content, Contractors Bidding will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Contractor agrees to indemnify Contractors Bidding its officers, directors, employees and agents and to hold such persons harmless against any loss, associated with Contractors inaccurate and/or false information posted to the Site.
Grant by Contractor
During the term of this Agreement, Contractor hereby grants to Contractors Bidding a non-exclusive, royalty free, worldwide license to use and display the Contractor Marks (as defined below) in connection with the fulfillment by Contractors Bidding of all of its obligations under this Agreement. As used herein, the "Contractor Marks" consist of the Contractors name, trademarks, service marks, logos, slogans, trade dress and other proprietary descriptions, whether registered or unregistered.
1. Contractor owns all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to Contractors Bidding.com the rights in your Content described herein and for Contractors Bidding.com to exercise the rights with respect to such Content that you grant herein;
2. Contractor has paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Content;
3. Contactor is the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18) who appears and/or is heard in your Content to grant the rights to Contractors Bidding.com described herein;
4. Contractor will make such permissions available to Contractors Bidding.com upon request;
5. Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;
6. If Contractor is a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;
7. Contractor will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy;
8. Contractor will not Post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law; and
9. Contractor shall not post content containing but not limited to pornography, obscenity, hateful content, copyrighted material, spam, viruses, worms, malware or advertisements.
Our Blog service is designed to give you as much control and ownership over what goes on your blog as possible. Contractors Bidding encourages you to express and share your knowledge. However, be responsible in what you blog about. In particular, make sure that none of the prohibited items listed below appear on your blog or get linked to from your blog.
By submitting Content to Contractors Bidding for inclusion on the Blogs, you grant Contractors Bidding, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Contractors Bidding will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Contractor agrees that the Site and service and any necessary software used in connection with the Site and/or service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Contractors further acknowledge and agree that the content on the Site, or presented through the Site, is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized, in writing, by Contractors Bidding, Contractors agree not to modify, sell, distribute or create derivative works based on the Site, in whole or part.
Upgrades, Support and Notices
From time to time, Contractors Bidding shall and has the right to send Contractors information and offers about promotions, documentation, special announcements and other services offered by Contractors Bidding. Notwithstanding the foregoing, under no circumstances will Contractors Bidding or any of its partners have any obligation to provide Contractors with promotions, enhancements, modifications, or support for the services or Site.
By becoming a member and entering any business information (such as E-mail Address, Phone Number, Fax Number, Instant Message Address, etc.) onto the Site, Contractor agrees to receive ("opt-in") any correspondence from Contractors Bidding from printed letters, e-mails, text messages, phone calls, instant messages, or faxes. Contractor can (opt-out) of such correspondence within the Contractor Account.
By becoming a member and entering any business information (such as E-mail Address, Phone Number, Fax Number, Instant Message Address, etc.) onto the Site, Contractor agrees receive ("opt-in") to any correspondence from Contractors Bidding from printed letters, e-mails, text messages, phone calls, instant messages, or faxes.
Changes to the Service or Terms
Contractors Bidding may from time to time without prior notice change, add, or remove certain features of the Site, Membership and services or change the terms of this Agreement. If you are dissatisfied with any such changes to the service or this Agreement, you may immediately cancel your Account by contacting Contractors Bidding at support@ContractorsBidding.com.
Memberships & Refunds
Contractors Bidding offers various paid Membership services that Contractors can enroll in. The Membership services are on an "At Will" basis and under no circumstances is Contractors Bidding obligated to ensure Contractor will be successful with Contractors Bidding's Membership services. Not all Memberships are available on the Contractors Bidding Site and furthermore Contractors Bidding reserves the right to offer Contractor any Membership at its sole discretion.
Contractors that are enrolled in the "email notification system" agree to the following:
a) Contractor agrees to pay fee for each lead that they purchase;
b) Contractor agrees to Contractors Bidding's lead fees, which can be changed without prior notice.
c) Contractor agrees that he/she has complete control over the number of Leads / Referrals that he/she wants to receive and Leads / Referrals shall be sent automatically based off Contractor's Account settings.
d) Contractor agrees the Contractors Bidding, Lead / Referral fees, and other charges are non-refundable. At the discretion of Contractors Bidding, in the event of an extraordinary situation, a credit may be issued in lieu of a monetary refund;
e) Contractor may terminate their Account and/or Membership at any time and for any reason, by contacting Contractors Bidding at firstname.lastname@example.org. or in writing to Contractors Bidding, LLC. 250 Maple Ave Rockville Centre, NY 11570. Contractors Bidding reserves the right to immediately suspend or terminate Contractor Accounts in its sole discretion. Upon any such termination of an Account, Contractors will remain obligated to pay all outstanding fees and charges relating to the use of any fee-based Membership services prior to termination. Any fees and/or charges owed to Contractors Bidding must be paid within 12 (Twelve) days. If Contractor fails to pay such fees and/or charges within 12 (Twelve) days, Contractor) may be charged a collection fee, legal fees and reported to the appropriate credit bureaus for default of payment;
f) In the event a Contractor disputes any Referral fees, or any Charges, through their Pay Pal Contractor agrees there will be a $35 fee assessed to their Account. Any and all disputes should and will be directed to Contractors Bidding. Any returned ("bounced") checks that come back from a Contractor Account will result in a $35 fee assessed to their Account.
Referral Disputes & Contact Guarantee
To be eligible to dispute a lead / referral:
a) Contractor must have attempted to contact the Project Owner within 24 hours from receiving the referral.
b) Contractor shall allow Project Owner up to 7 (Seven) days to respond.
Eligible contractors may dispute a referral within 12 (twelve) days after receiving the referral if:
a) Contractor was unable to contact the Project Owner, orally, in writing, or in any other form.
b) Referral has invalid phone number and invalid email address.
Additionally the following scenarios are accounted for in our Referral fees and therefore not eligible for a Referral dispute:
1) Project Owner already found someone to do the job;
2) Project Owner changed their mind about doing job;
3) Project Owner is just "shopping";
4) You did not win the job.
Revocation of Referral Fee Dispute Privilege
Contractors that are enrolled in the Membership services are allowed a maximum of 3 (three) false disputes. After 3 (Three) false disputes, Contractors Bidding may revoke the dispute privilege from Contractors Account. If revoked Contractor may lose their dispute privileges until their Membership is renewed for the next term.
Contractor agrees that unless otherwise prohibited by law all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. This Agreement shall be governed and construed in accordance with the laws of the State of Nevada without giving effect to its principles of conflicts of laws. Any action or proceeding in connection with any matter arising out of or in any way connected with this Agreement or any claim for injury or damage related thereto shall be brought and maintained in the state or federal courts located in Nevada.
the Contractors Bidding service is provided on an "as is, as available" basis. neither Contractors Bidding nor any of its partners makes any warranties, express or implied, with respect to the services or any content or products, and hereby disclaims any implied warranties, including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement.
You agree to indemnify Contractors Bidding and its partners, advertisers, and third-party content providers (the "Indemnified Parties") against any and all claims and expenses, including attorneys' fees, arising from your use of the Site, including the Interactive Areas. This expressly includes, without limitation: (i) liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights in connection with any content or information you provide or post, and (ii) any libelous or unlawful material contained in any content or information you post, (iii) any other liability arising from or caused by any content or information that you provide or post, regardless of cause or of any fault or negligence of Contractors Bidding or the indemnified parties and without regard to cause or to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by Contractors Bidding or the indemnified parties. This section shall survive any termination or expiration of this Agreement.
Limitation of Liability
in no event, shall Contractors Bidding or its partners be liable for lost profits and/or any special, incidental and consequential damages arising out of or in connection with the sites, the use or the inability to use the site or this agreement, including negligence. our liability and the liability of our partners to the customer or services or any third parties in any circumstance is limited to the amount fees you pay us in the twelve months prior to the date the cause of action arose.
Any commercial or residential "Project Owner" who submits a project to (or uses the Contractor Directory on) the ContractorsBidding.com website, for the purpose of seeking bids from Contractors, to perform the job on the project requested, hereby agrees to the following terms and conditions:
ContractorsBidding.com is a multi-purpose service that matches requests from potential "Project Owners" with individuals and businesses that offer professional construction services in various areas ("Contractors" or "Contractor Candidates"). Our site acts as a venue for Project Owners to find Contractors, whether the requests are submitted to our service or the Project Owner finds a Contractor in the Directory. ContractorsBidding.com is not involved in the actual transaction between Project Owners and Contractors. Consequently, ContractorsBidding.com cannot ensure that a transaction will occur. Further, if a transaction does occur, ContractorsBidding.com has no control over the quality, safety or legality of the product or service sold.
ContractorsBidding.com allows Contractors to post license, insurance, bond, and services offered in their profiles about their business on the ContractorsBidding.com site. ContractorsBidding.com does not review or verify the details, service provided, or representations set forth by the Contractor in those profiles as they are self-reported by the Contractor. All Contractors are expected to meet Federal, State, City, and Municipal licensing requirements as well as any and all requirements to conduct business and offer services. ContractorsBidding.com does not make any representations or warranties that Contractors are appropriately licensed, free of civil or legal judgments, or carry appropriate insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, ContractorsBidding.com advises project owners check these details for their own protection.
ContractorsBidding.com does not charge Project Owners to use this service. ContractorsBidding.com reserves the right to add additional plans or services that might require a payment in the future. All charges associated with this service are incurred only by individuals or businesses that have paid memberships as Contractors or Service Providing Companies.
Project Submission Terms
1. "Project Owners" understand that ContractorsBidding.com cannot guarantee a Contractor profile is accurate or up to date. We strongly recommend that Project Owners verify that the information presented is accurate, current, and acceptable before any work begins. Project Owners agree to provide ContractorsBidding.com with such information regarding the project as is reasonably necessary to assist ContractorsBidding.com in referring a Contractor Candidate (including, for example, bid instructions, general contract documents, specifications and the like.)
2. "Project Owners" are under no obligation to enter into a contract with any Contractor Candidate introduced to by ContractorsBidding.com. However, Project Owners shall make reasonable efforts and shall negotiate in good faith toward the closing of a contract with suitable and qualified Contractors found and referred by ContractorsBidding.com.
3. "Project Owners" shall have the right to withdraw their project from the Agreement with ContractorsBidding.com at any time.
4. "Project Owners" agree to indemnify ContractorsBidding.com , its officers, directors, employees, and agents and to hold such persons harmless against any loss, expense, damage, or liability (including reasonable attorneys' fees and costs) arising out of or based upon any contract that the Project Owner may enter into with a Contractor Candidate. This obligation will survive termination of ContractorsBidding.com obligations hereunder.
5. ContractorsBidding.com agrees to hold all documents and information received in connection with this engagement in confidence for the Project Owner, except as needed to in order for ContractorsBidding.com to seek and obtain Contractor Candidates and otherwise fulfill its duties hereunder.
6. ContractorsBidding.com has not made, and will not have the right to make, any commitment or commitments on behalf of the Project Owners or Contractors. All terms of any agreement between Project Owners and Contractors shall be negotiated without involving ContractorsBidding.com. It is understood and agreed that ContractorsBidding.com is not a guarantor of any Contractor Candidate's qualifications.
7. "Project Owners" shall make an independent determination of a Contractor Candidate's qualifications to perform work on the Project and shall hold ContractorsBidding.com harmless from any failure of a Contractor Candidate to meet any qualifications. ContractorsBidding.com shall have no liability, of any kind, to a Project Owner arising out of any contract or relationship between Project Owner and Contractor Candidate.
8. These Terms and Conditions, along with the "Project Owner" project submission(s), constitute the entire agreement between ContractorsBidding.com and the Project Owner and supersede any prior verbal or written agreements with respect to the subject matter hereto.
9. These Terms and Conditions shall be binding upon the parties' successors and assignees.
10. ContractorsBidding.com reserves the right to post on its website the text in the "Details" box and additional product or service information entered by "Project Owner" in the request form ("Content"); however, we will not post any information you input in the fields calling for personally identifiable information to Contractors, unless you specifically provide your personal information and select that it can be provided to Contractors. You hereby acknowledge that neither ContractorsBidding.com nor any of its service providers or "Partners", shall have any liability for how the Services are used, what Content is posted or accessed, or what products or services are made available through the Site.