Terms of Service Agreement |
WELCOME
Welcome to SkillsBazaar. By visiting or using the Services available from the domain and sub-domains of www.SkillsBazaar.com (the "Site") you are contractually agreeing to the following terms and conditions, including those available by hyperlink (collectively, the "Terms of Service" or "Agreement"). We suggest that you consult the Terms of Service and the linked information regularly for updates. We reserve the right to revise the Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
As used in the Terms of Service: "Member" means a person or legal entity that registers for an Account with SkillsBazaar for use of the SkillsBazaar Services available from the Site
"User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization
"Service Provider" means a Member that offers and delivers Provider Services to Buyers on the Site. Seller or Providers if used anywhere will also mean the same as "Service Provider"
"Buyer" means a Member that investigates and purchases Provider Services on the Site. He can post "Projects" on which service providers can show interest.
"Visitor" means a person who is only visiting the Site (i.e., not a Member or User)
"you" means the Visitor or Member accessing the Site or using the Services on the Site on his or her own behalf; or, if the Services on the Site are used on behalf of a company or organization, "you" means the Member for which the Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).
INCORPORATED INFORMATION AND POLICIES
This Agreement hereby incorporates all rules, policies, and guidelines on the Site, including:
MEMBER ELIGIBILITY
To register for an Account with SkillsBazaar and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. SkillsBazaar reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
YOUR ACCOUNT
To become a Member and use the services available from the Site you must register for an "Account". You will provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. You must safeguard the Member ID and password you use to access this Site. We may rely on any use of the Site with your Member ID and password as authorized by you.
SCOPE OF WEBSITE
The Site delivers the following items:
"Projects" The Site is a venue where: (1) Buyers can define and source projects ("Projects") or they can define set of requirements as to what services they need and look for and engage Service Providers directly; and (2) Service Providers can advertise their capabilities, show interest in Projects, look for consulting opportunities, and provide Services directly to Buyers. In providing the "Project" venue, SkillsBazaar does NOT source or deliver Projects or any requirements. SkillsBazaar only provides the venue for Buyers and Service Providers to find and contract with each other for Projects.
"Professional Services by service providers" The Site is also a venue where buyers can engage with a service provider.
"SkillsBazaar Services" means any of the above Services delivered by SkillsBazaar through the Site.
"Provider Services" means all Projects and any other Services delivered by Service Providers through the Site.
LEGAL RELATIONSHIP
Contracts between Service Providers and Buyers
By registering as a Member, you acknowledge and agree that you contract directly with other Members of the Site to buy or sell services. SkillsBazaar is not a party to any contract for any purchase and sale of Provider Services on the Site. All rights and obligations for the purchase and sale of any Project Services are solely between Service Providers and Buyers. Each Member is solely responsible for the enforcement and performance of its rights and obligations for the purchase and sale of provider services.
The Site functions as a venue to connect Service Providers with Buyers in a virtual marketplace. SkillsBazaar is not involved in the contracting between Service Providers and Buyers, or in the Service Providers' delivery of services to Buyers. We have no control over and do not guarantee the quality, safety or legality of Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Site Members, the ability of Service Providers to deliver Services, the ability of Buyers to pay for Services, or that a Service Provider or Buyer will actually complete a transaction. Each Service Provider and Buyer must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on the Site, and any other terms, conditions, representations, or warranties associated with such dealings.
Upon acceptance of a contract, Buyer agrees to purchase the Services and Service Provider agrees to provide the Services according to the terms of the final contract or other terms agreed to by the parties.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Third Party Content, Verification and Monitoring
SkillsBazaar has no editorial control over the content posted by users, members, and/or any other third party. SkillsBazaar is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content express or made available by third parties, including information providers and Members, are those of the respective author(s) or distributor(s) and not of SkillsBazaar. SkillsBazaar neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized SkillsBazaar employees acting in their official capacities. SkillsBazaar does not confirm or verify if a Service Provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
Links
The Site may contain links to other Web sites or resources. You acknowledge and agree that SkillsBazaar is not responsible or liable for: (i) the availability or accuracy of such Sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked Site. You use the links at your own risk.
No Agency
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and SkillsBazaar, except and solely to the extent expressly stated.
Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site without the prior express written permission of SkillsBazaar and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
WARRANTY DISCLAIMER
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $20 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
RELEASE
If you have a dispute with another Member, you release SkillsBazaar (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
INDEMNITY
You agree to defend, hold harmless and indemnify SkillsBazaar from and against any and all losses, costs, expenses, damages or other liabilities incurred by SkillsBazaar from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against SkillsBazaar: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Service Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Service Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
INTELLECTUAL PROPERTY
License and Site Access
Subject to and conditioned on compliance with the Terms of Service, SkillsBazaar grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of SkillsBazaar or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by SkillsBazaar.
Reservation of Rights; Limited Licenses
SkillsBazaar and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The SkillsBazaar logo and name are trademarks of SkillsBazaar, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the Terms of Service confers any license under any of SkillsBazaar's or any third party's intellectual property rights, whether by rule of evidence, implication or otherwise.
CUSTOMER SERVICE
If you have any questions, suggestions, reports of problems or complaints regarding any SkillsBazaar Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact customerservice@skillsbazaar.com
NOTICES AND COMMUNICATIONS
Unless you otherwise indicate in writing to customerservice@skillsbazaar.com, SkillsBazaar will communicate with you by email or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when SkillsBazaar sends it to the email address you have provided to SkillsBazaar on this Site, or when SkillsBazaar posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings.
All notices to SkillsBazaar intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
SkillsBazaar.
811 East State Street.
Ithaca, NY 14850
Attn: Chief Financial Officer
Such notices to SkillsBazaar are deemed effective upon receipt.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND SkillsBazaar
If a dispute arises between you and SkillsBazaar, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and SkillsBazaar agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the SkillsBazaar Services (a "Claim") in accordance with this section entitled "Resolution of Disputes between Member and SkillsBazaar." Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by communicating with us at customerservice@skillsbazaar.com.
Law and Forum for Disputes
The Terms of Service are governed in all respects by the laws of the State of Delaware without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against SkillsBazaar must be resolved by a court located in Delaware state, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Delaware state for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
Arbitration Option
For any claim arising between you and SkillsBazaar (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $1000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes between Member and SkillsBazaar," SkillsBazaar will be entitled to recover attorneys’ fees and costs up to $2,000, provided that SkillsBazaar has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERMINATION
This Terms of Service Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by SkillsBazaar or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) SkillsBazaar shall continue to perform those SkillsBazaar Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay SkillsBazaar and any Service Providers for any Services for which you have engaged from SkillsBazaar or such Service Providers in order to complete any such transactions.
Without limiting SkillsBazaar's other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Members or for SkillsBazaar. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.
Without limiting SkillsBazaar's other remedies, to the extent you engage in actions or activities which circumvent the SkillsBazaar Site or otherwise reduce fees owed SkillsBazaar under the Terms of Service, you will pay SkillsBazaar for all fees owed to SkillsBazaar and reimburse SkillsBazaar for all losses and costs (including any and all SkillsBazaar employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Member and SkillsBazaar," "General," "Audit Provisions and Maintaining Records" and "Billing and Payment Services" will survive termination of this Agreement. The content posted by the user is and will be the property of SkillsBazaar even after the user account has been terminated.
DISCLOSURES
SkillsBazaar, located in Delaware, is the provider of the electronic commercial service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in Delaware may be contacted in writing at Delaware State Office. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact SkillsBazaar to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or contact us at customerservice@skillsbazaar.com
GENERAL
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. SkillsBazaar will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of SkillsBazaar. No delay or omission by SkillsBazaar in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of SkillsBazaar, and any attempt to do so will be null and void. SkillsBazaar may assign this Agreement in its discretion.
The boldface paragraph headings in the Terms of Service are included for ease of reference only and have no binding effect. The Terms of Service and all documents referenced in the Terms of Service comprise the entire agreement between you and SkillsBazaar with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
COPYRIGHT POLICY
Removal of Material for Which Copyright Infringement is Claimed
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, SkillsBazaar have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www. SkillsBazaar.com, please send an email to customerservice@skillsbazaar.com or fax Copyright Infringement Notices at 302-341-8420. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following (However, SkillsBazaar in no condition be held guilty or liable or responsible for such material being uploaded by the user on our website or being transacted via SkillsBazaar website):
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, at a single online Site, is covered by a single notification, a representative list of such works at that Site.
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4.Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided.
BILLING AND PAYMENT SERVICE POLICY
Business Use
Users can pay the project cost to the service provider. The payment can be done from SkillsBazaar, however users will be responsible for paying the transaction fees to the third party payment systems used on SkillsBazaar.
In order to be a registered user on SkillsBazaar, user will pay a registration fee. This fee will be different for buyer and service provider. User will pay the fee on SkillsBazaar via the third payment software installed on the website. All the charges will be paid by the user. User can pay by using the methods as provided on the website.
Legal Relationship
SkillsBazaar provides the third Payment Service and you will use it to make all payments to SkillsBazaar and you might use it to make payments to and accept payments from other Members in the purchase and sale of Services through the Site. Solely for purposes of the Payment Service, and not for any other Services available through the Site, SkillsBazaar will at all times hold your funds separate from its corporate funds - if you decide to first pay to SkillsBazaar rather than paying directly to the service provider, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of a bankruptcy or for any other purpose. Mostly the buyer shall pay directly to service provider and SkillsBazaar will not be involved in the transaction.
You acknowledge that: (1) SkillsBazaar is not a bank and the Payment Service is a third party payment processing service rather than a banking service; and (2) SkillsBazaar is not acting as a trustee or fiduciary with respect to your funds. (3) SkillsBazaar IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your Account will not constitute an escrow.
By initiating and sending payments through the payment Service or adding funds to your Account, you appoint SkillsBazaar as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement. Each Service Provider must properly discharge and credit Buyers for all payments SkillsBazaar receives through the Payment Service from such Buyers.
Payment Processor
SkillsBazaar acts as a payment processor by creating, hosting, maintaining, and providing the Payment Service either using an external agent such as paypal network to you via the Internet. SkillsBazaar does not have any control over the Provider Services purchased or sold with the Payment Service, nor whether a Buyer or Service Provider you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute SkillsBazaar your agent with respect to any Provider Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the Terms of Service.
Interest
You agree that you will not receive interest or other earnings on the funds in your Account or that SkillsBazaar otherwise handles as your agent. SkillsBazaar may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking Services or other compensation in respect of any balances in Accounts.
How to Pay for Services
User can use third party tools present on SkillsBazaar to pay for services. User can pay via PayPal using his/her credit card/debit card/bank-account. By providing the third party tool with your credit card information, you authorize it to charge such credit card for the amounts stated on the applicable Payment Service Web page.
When you instruct SkillsBazaar to pay a Service Provider using the Payment tools, such instruction: (1) is a representation that that Service Provider has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to third party to pay the Service Provider. You agree NOT to ask your credit card company to charge back any amount to SkillsBazaar for any reason. In the event you do, you hereby agree to repay SkillsBazaar for such amounts, plus reasonable attorney fees and costs of collection, and SkillsBazaar reserves the right to terminate Service to you in addition to all other rights available to SkillsBazaar.
Authorized Payments are Final
Your use of the Payment tool constitutes your agreement to pay for any amounts which you authorize us to charge against your Account and, as appropriate, your credit card or paypal account. Such payments, once authorized, ARE FINAL.
Currency
The Payment Service operates in US Dollars and therefore SkillsBazaar is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card or transferring money in paypal account denominated in a currency other than US Dollars, nor is SkillsBazaar responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or ACH to and from your Account.
Hold on Account Funds
SkillsBazaar will make funds deposited in your Account generally available for you to use or withdraw. SkillsBazaar reserves the right, at its sole discretion, to place a hold on funds for Buyer payments to clear, or if SkillsBazaar suspects monies may be subject to charge back or if fraud is suspected. SkillsBazaar will release a hold as soon as practical.
Agreement to Pay
If, for any reason, SkillsBazaar does not receive payment for any amounts that you have authorized to be paid through your use of the SkillsBazaar Services, you agree to pay such amount immediately upon demand by SkillsBazaar. You also agree to pay any interest charges, attorney's fees and other costs of collection incurred by SkillsBazaar in collecting from you the authorized but unpaid amount. In such case, SkillsBazaar may, at its option, stop processing any further payments made by you and apply any amounts then held by SkillsBazaar on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the SkillsBazaar Service. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Disputes between Buyers and Service Providers
Any disputes in connection with Services provided by Service Providers or payments made by Buyers remain between such Buyers and Service Providers. By using the SkillsBazaar services, you acknowledge that SkillsBazaar will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. SkillsBazaar may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute between a Buyer and a Service Provider.
Reservation of Rights
SkillsBazaar reserves the right to seek reimbursement from any user and user will reimburse SkillsBazaar if SkillsBazaar discovers erroneous or duplicate transactions or receives a charge-back from any user's credit card issuer/paypal account for the amount of such user's purchase from another user. SkillsBazaar may obtain such reimbursement by deducting from future payments owed to the first user, by reversing any credits to second user's bank Account, by charging first user's credit card/paypal account or by seeking reimbursement from first user by any other lawful means.
Questions
If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact customerservice@skillsbazaar.com.
Dispute Resolution
For any dispute arising between Buyer and Service Provider (excluding disputes involving claims for injunctive or other equitable relief) Buyer and Service Provider will pursue resolution on their own and SkillsBazaar will have no role whatsoever to play or to interfere in the dispute..
SkillsBazaar Mediation. In the event Buyer and Service Provider fail to resolve any dispute through the self-mediation within 90 business days following Service Provider's original upload of the Self Mediation Form, the Service Provider or Buyer will have the right to notify SkillsBazaar. SkillsBazaar will review the Business Terms set in the initial phase on which both parties agreed upon and all documents uploaded to the Site within 30 business days. SkillsBazaar will verify the agreement and the service delivered (All these agreements and deliveries will be verified only if it is done via SkillsBazaar and is stored on SkillsBazaar - if some discussion/argument/message exchange/or any other sort of delivery/exchange that happens outside of SkillsBazaar or via Yackpack then SkillsBazaar will not consider those deliverables while reviewing the dispute), and the request of the buyer. If the buyer's petition is genuine and is in accordance with the agreement signed between buyer and service provider, in which case SkillsBazaar shall ask the seller to pay the money but SkillsBazaar will not be responsible for taking any legal or forcible action against the user - the user who will be found guilty will be deleted from the system.
Arbitration. In the event Buyer and Service Provider have still failed to resolve the dispute within 30 business days after the SkillsBazaar Mediation provided above then both the parties will be on their own and can decide by themselves on the next steps and SkillsBazaar will have no role to play in this kind of settlement.
Improperly Filed Claims
Should Service Provider or Buyer file a claim contrary to this section entitled "Resolution of Dispute Regarding Filing for Release and Contrary Instructions," the other party will be entitled to recover attorneys' fees and costs up to $10,000, provided that the other party has notified the claimant in accordance with the Terms of Service of the improperly filed claim, and the claimant has failed to promptly withdraw the claim.
PRIVACY POLICY
Click here to see Privacy Policy
REGISTRATION INFORMATION
You agree to provide true, accurate and complete information as prompted by the Registration form, and to update this information to maintain its truthfulness, accuracy and completeness. SkillsBazaar may suspend or terminate your Account if information you provide is not complete or accurate.
SAFEGUARDING YOUR PASSWORD
You agree to safeguard the User ID and password you use to access this Site. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, your SkillsBazaar Account (including feedback) and User ID may not be transferred or sold to another party.
POSTING INFORMATION OR CONTENT
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Services, showing interest in a posted project, posting your profile and providing feedback). You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Buyers, Service Providers, SkillsBazaar or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Buyers, Service Providers, SkillsBazaar or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the SkillsBazaar Site. Under federal law (specifically, the Communications Decency Act of 1996), SkillsBazaar is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. SkillsBazaar is not responsible for accuracy or reliability of the content posted online, however SkillsBazaar will monitor the content for any visible irregularities with the content and if found problematic then SkillsBazaar holds the right to remove the content and even disallow the guilty user to make any use of the website - the time to remove such content is not defined and will vary depending on how much traffic site encounters as it grows. However, SkillsBazaar reserves the right to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court, or if SkillsBazaar considers such information or content to be in violation of the Terms of Service or Site Policies. You agree NOT to do any of the following on the Site:
- Post any project, submit an interest, or otherwise use SkillsBazaar to transmit any content or conduct any transaction that would violate any applicable law or regulation.
- Post any projects that are fake and/or posted without the intention to award and/or complete the project or posted only to receive pricing information.
- Post any projects that offer commission or equity compensation.
- Post any project, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
- Post any project, bid, proposal, deliverable or transmit any content related to or containing any adult or sexually explicit material - until and unless it is specifically asked by the buyer for a certain project that demands nudity but only for educational purpose or, art work and not meant for making money out of that project.
- Post projects related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
- Post advertisements, solicitations or offers of full-time employment.
- Post false or misleading information about a product, service or service request.
- Post logos, seals or slogans from third parties on the Site unless such material is provided by SkillsBazaar or a SkillsBazaar partner, or you have received express written permission from SkillsBazaar to display such third-party logo, seal or slogan.
- Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
- Post or transmit unprofessional or offensive comments about a User, Member, Service Provider, Buyer, SkillsBazaar or any third party.
- Post any project, submit an interest that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
- Suggest or solicit another User to contact you directly in order to buy or sell Services outside of SkillsBazaar.
- Acces, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Tamper with postings of other Users, Members or SkillsBazaar.
- Solicit or gather any User's or Member's information available from the Site, such as other Usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
- Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from SkillsBazaar.
- Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
- Post projects that violate the Terms and Conditions of other companies.
- Frame or link to the Site except as permitted in writing by SkillsBazaar.
- Impersonate or misrepresent your affiliation with any person or entity.
- Repeat any action after you receive warning or request to desist from SkillsBazaar, whether or not that action is explicitly prohibited in the policies stated on the Site.
- Fail to respond to an email from SkillsBazaar regarding violation, dispute or complaint within two business days.
- Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
- Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
- Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from SkillsBazaar.
- Select a Buyer or Service Provider on the basis of religion, sex or race.
- Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to SkillsBazaar or other Users or Members. If you are aware of a potential violation, please contact customerservice@skillsbazaar.com. In order to operate the Site, SkillsBazaar must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
USER OBLIGATIONS
You agree to: (a) abide by the Terms of Service and Site Policies, and the processes and procedures described throughout the Site; (b) be financially responsible for your use of SkillsBazaar and the purchase or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the terms of your project or order, your proposal or your agreed business terms, whichever is more recent, unless such transaction is prohibited by law or by the Terms of Service and Site Policies. Upon acceptance of an interest in a project or a provider, you agree to purchase the Services if you are a Buyer, or provide the Services if you are a Service Provider, in accordance with the terms agreed to by the parties, subject to any mutually agreed increase or decrease in project scope. If the scope of the Services to be provided increases beyond the initial scope on the date of acceptance then the new scope should be managed as an addendum to the previous contract and should be agreed upon between two parties. If you decide to increase the value of deal then the transaction charges (money transaction happening over the SkillsBazaar website) will increase accordingly and shall be borne by the party (either seller or buyer or both) as agreed in the contract.
POSTING PROJECTS
Using SkillsBazaar buyers can post the projects. These projects will be visible to all users visiting the website. But only the registered service providers will be able to show interest or enter in deal with the buyer on that particular project.
Please contact customerservice@skillsbazaar.com with any questions regarding posting a project.
Project Guidelines
You agree to utilize the following project guidelines:
- Post projects with clear scope, well-defined deliverables and required time frames. Do not hesitate to contact customerservice@skillsbazaar.com for assistance with posting a project.
- Answer clarifying questions from Service Providers and update the project description.
- Evaluate multiple proposals against criteria important to you such as a Service Provider's work experience, education, portfolio, certifications, references, feedback from prior Buyers, location, communication style and cost. These details can be found on the Resume as uploaded by the service provider. Or you can ask for details while negotiating the terms, you can specify these issues in either Cost, Quantity, and/or Timeline
- Accept a proposal only when it has a clear statement of work, well-defined deliverables and milestones, precise timeframes and payment terms.
- Ask the Service Provider to utilize the Cost, Quantity, and Timeline in show interest/renegotiate in SkillsBazaar to define key milestones and payment schedules. Additional details can be handled by managing by uploading documents that will explain in detail the contract terms
- Ask for full contact information, for example telephone, and address information, of the other party once a bid proposal has been selected.
- Ask for the Service Provider's office hours and standard response times.
- Once you have awarded your project, use MyProjects in your profile to manage the project and user upload file feature to maintain an electronic record of all written communication between you and the Service Provider around scope, deliverables, milestones, timeframes, price, feedback, revisions, schedule changes, vacations, availability, delays, and acceptance of deliverables and completion of milestones. In the event of a dispute, all written communication on SkillsBazaar, including project post, proposals and bids, and business terms communication will serve as the statement of record.
- Utilize SkillsBazaar's Payment feature to maintain the privacy of your personal financial details; maintain a record of all invoices and payments
- After the project is completed, leave ratings and feedback.
COMMUNICATION
SkillsBazaar encourages positive and professional communication between Buyers and Service Providers. Buyers and Service Providers can use Yackpack - the third party tool - along with the upload deliverable feature to clarify project descriptions, scope or any specific requirements. Professional communication helps Service Providers develop relevant proposals and Buyers make informed award decisions, however in order to have a secure communication and to make sure that a consistent business is generated from SkillsBazaar we encourage buyers and service providers not to reveal direct contact information. You are required to use Yackpack walkie talkie widget and Upload Deliverable to manage projects, and services, and are required to use the Upload deliverables to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. These records will be addendum to the initial deal contract made between two parties. Also, transcribe relevant emails, instant messages, telephone or in-person conversations between the Buyer and the Service Provider on the Upload Deliverables to maintain a record of what is agreed. In the event of a dispute, all written communication on SkillsBazaar, including project posting, proposals and bids, business terms and deliverables uploaded will serve as the record for resolution of the dispute. A communication that is not referenced on any of the above skillsbazaar resources cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported. Moreover, Yackpack only provides a voice chat feature and doesn't keep voice chat for record purposes hence Yackpack or SkillsBazaar cannot be held responsible for any of these chats. Yackpack's terms and policies will be in full effect and the user of Yackpack should read these terms before using Yackpack walkie talkie widget.
RATING AND FEEDBACK SYSTEM
You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that SkillsBazaar may calculate a composite feedback number based on these individual ratings. Service Providers agree to be rated by Buyers. SkillsBazaar provides its feedback and rating system as a means through which Users can express their opinions publicly, and SkillsBazaar does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to SkillsBazaar's attention. You may be held legally responsible for damages suffered by other SkillsBazaar Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, SkillsBazaar is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. SkillsBazaar holds the right to share this feedback with third party recruiting agencies or with other business partners as a mean to identify right people. You agree to report violations or abuses of our rating and feedback system immediately by contacting customerservice@skillsbazaar.com, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
- Leaving fake feedback for yourself or another User or Member such as using a secondary Username or other SkillsBazaar members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
- Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.
- Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback
In order to protect the integrity of the feedback system and protect Users from abuse, SkillsBazaar will consider removing feedback under the following scenarios:
- Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-SkillsBazaar related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
- Feedback or information posted contains language that is profane, vulgar, racists or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
- Feedback or information posted is shown to have been left by any User who is in violation of SkillsBazaar's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
- Feedback or information posted is not directly related to transactions conducted through SkillsBazaar.
- Feedback or information posted makes any reference to actions taken or purported to be taken by SkillsBazaar or any law enforcement organization.
- When SkillsBazaar is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
- The User who left feedback provided SkillsBazaar with false contact information during the transaction period (as verified by SkillsBazaar) and cannot be contacted by SkillsBazaar.
- The User who left feedback is participating in a SkillsBazaar transaction with the intent of leaving feedback as part of a campaign to harass SkillsBazaar member(s) (as verified by SkillsBazaar).
- Negative feedback that was intended for another User only when the User responsible for the mistaken feedback contacts SkillsBazaar and places the same feedback for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact customerservice@skillsbazaar.com to file a feedback review request.
PROVIDING SERVICES
If you wish to provide services through SkillsBazaar, you must complete the Service Provider registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. SkillsBazaar considers true and accurate location only the primary place from which your Services are rendered. Misleading information about your location, including, but not limited to, using a satellite location in another country, is not allowed on SkillsBazaar. At the beginning of your membership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. SkillsBazaar can suspend or terminate your Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service and Site Policies.
Show Interest Guidelines
You agree to utilize the following deal guidelines:
- Buyer shall browse through the available service providers and service providers can browse through the available projects to which they might render their services
- Once the relevant project/service provider is selected the selecting party can show his/her interest in the project or provider. While doing this an interest terms agreement should be signed between two parties
- The interest will be passed on to the other party who may accept/decline/suggest new terms of engagement
- If the interest is accepted then the project moves to "Work in Progress" section of the user's profile
- Deal will have following processes
- Interest Shown - Projects move to negotiations as buyer, negotiation as provider tabs depending on whether it is buyer's profile or service provider's profile
- Accept or Ignore or renegotiate the terms of engagement
- After accept, project moves to "work in progress" stage
- At this stage user can opt to do deliveries to the other user
- User can accept or reject the delivery
- Finally when the project is over, user can complete the project. Once user click on complete project a message is sent to other user that the project has been complete and the if the other user approves then the project moves to Work Done tab
- At this point buyer will select to pay to the seller.
- Yackpack will be activated once user will show interest in another user/project.
When submitting your proposal you agree to:
- Submit an accurate proposal reflecting your understanding of the scope of the project and the amount of time/effort you plan to commit in order to provide high Buyer satisfaction.
- Submit a new proposal when needed to reflect any changes to price, delivery date or approach, prior to the end of the deal period.
- If you do not have sufficient information about the project, post a message through the Yackpack feature or through Upload Deliverables feature and request more information, indicating your assumptions regarding the project scope in your bid and making explicit that you will update the bid once you receive more information, or do not submit a bid on the project.
- Not submit proposals that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership.
- Respond promptly, within one business day, to private messages from the Buyer.
- Respond promptly, within one business day, to any inquiry from customerservice@skillsbazaar.com.
Violation of these guidelines may result in suspension of your Account. If you are aware of a potential violation, please contact customerservice@skillsbazaar.com.
Project Fulfillment Guidelines
You agree to utilize the following project fulfillment guidelines:
- Once you have been awarded a project, use Yackpack and/or Upload Deliverable feature to manage the project and the SkillsBazaar to maintain an electronic record of all written communication between you and the Buyer around scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of milestones. Also, transcribe relevant emails, instant messages, telephone or in-person conversations between you and the Buyer on the Upload Deliverables to maintain a record of what is agreed. In the event of a dispute, all written communication on SkillsBazaar, including project post, proposals and bids, business terms, and Upload deliverable communication will serve as the statement of record.
- Inform the Buyer of your office hours and committed response time.
- Inform the Buyer if a committed deliverable will be missed, offering an explanation and proposing a revised date.
- Inform the Buyer if you will be unavailable for more than one business day.
- If you are unable to complete the project, alert sustomerservice@skillsbazaar.com so that SkillsBazaar is aware of the situation and can offer assistance to the Buyer. In this case no money shall be given to the service provider.
- Respond promptly, within 1 business day, to all project-related communication, whether from the Buyer or from SkillsBazaar.
- Utilize SkillsBazaar's online payment to maintain the privacy of your personal financial Account details; leverage SkillsBazaar's anti-fraud measures; maintain a record of all invoices and payments; add the project, feedback and transaction amount to your profile;
- Ask that Buyers leave feedback on the SkillsBazaar rating system after the work is completed and report any rating system violation by contacting customerservice@skillsbazaar.com.
- After the project is completed leave balanced ratings and feedback.
Violation of these guidelines may result in suspension of your Account. If you are aware of a potential violation, please contact customerservice@skillsbazaar.com.
SERVICE PROVIDER FEES
Membership Fees
Service Provider and Buyer will pay a membership fee
Changes to Membership Program
SkillsBazaar holds all the rights to alter the membership conditions during anytime of its operations. Appropriate notice will be given to the existing members in order for them to comply with these changes.
Project Fees
The project/service fees will be decided between service provider and the buyer
Period of Exclusivity
IF YOU ARE A BUYER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A NEW PROJECT, IF YOU POST, SOLICIT, OR PURCHASE ANY SERVICES FROM THE SAME SERVICE PROVIDER YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME PROJECT, A FOLLOW-UP PROJECT, OR NEW UNRELATED SERVICES.
IF YOU ARE A SERVICE PROVIDER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A BID PROPOSAL, IF YOU PROPOSE, BID OR PROVIDE ANY SERVICES TO THE SAME BUYER YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME PROJECT, A FOLLOW-UP PROJECT, OR NEW UNRELATED SERVICES.
Audit Provisions and Record Keeping
For a period of one year after accepting each project or package order, you agree to keep and maintain complete and accurate records related to the Services provided on SkillsBazaar in your account, including the service description, and payment terms, and information on all repeat or follow-on Services performed for each Buyer originated on SkillsBazaar. In the event of questions regarding Services rendered, or work performed upon 30 days written notice and request from SkillsBazaar, you agree to provide copies of these records and other relevant documentation.
ENFORCEMENT OF SITE POLICIES
We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service and Site Policies, or violated our rights or those of another party. Without limiting SkillsBazaar's other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service, the Site Policies and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for SkillsBazaar. Once suspended or terminated, you may not continue to use the SkillsBazaar service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service and the Site Policies may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site, that User or Member will be liable for any charges, fees, damages, and legal issues due his/her actions, and may be subject to additional sanctions including, but not limited to, suspension or termination of SkillsBazaar membership. SkillsBazaar reserves the right to terminate any User for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.
DISPUTE RESOLUTION
How to Avoid Disputes
Disputes often arise due to miscommunication and can often be resolved amicably between the parties. SkillsBazaar recommends the following steps to avoid disputes:
- Post requirements with clear scope, well-defined deliverables and required time frames.
- Answer clarifying questions from Service Providers and update the project description.
- Evaluate multiple proposals against criteria important to you, such as a Service Provider's work experience, education, portfolio, certifications, references, feedback from prior Buyers, location, communication style and cost.
- Review the posted recommendation on the Site for applicability to your situation, or obtain legal advice and attach a written agreement as one of the deliverables for the project.
- Accept a proposal only when it has a clear statement of work, well-defined deliverables and milestones, precise time frames and payment terms.
- Ask for the Service Provider's working hours and standard response times.
- Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party. Do not leave anything to assumptions.
- Once you have awarded your project, use your profile page (My Projects, My Profile, and My Payments) to manage the project and the SkillsBazaar's Upload Deliverables to maintain an electronic record of all written communication between you and the Service Provider around scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacations, availability, delays, acceptance of deliverables and completion of milestones. In the event of a dispute, all written communication on SkillsBazaar, including project post, proposals and deal value, business terms and Uploaded Deliverables will serve as the statement of record.
- Document any changes to scope, timing or payment in writing.
- Send/receive payment in installments as key milestones are met. Have both parties sign off on the milestones via the Upload Deliverables so that a record is maintained.
- Utilize SkillsBazaar's Payment Service to maintain the privacy of your personal financial Account details; maintain a record of all invoices and payments.
What if I Have a Dispute?
In the event that you do encounter a dispute, we ask that you follow these steps:
- If you cannot come to an agreement regarding how to resolve your dispute with the other User, you shall contact SkillsBazaar and we will try to assist you in mediating your dispute through attempts to contact both parties, provided you adhered to the Site Rules and followed the guidelines herein. This is just a complementary process that SkillsBazaar provides and SkillsBazaar is by no means in obliged to obey this criteria. SkillsBazaar holds all the rights to refuse to intervene in any such dispute in which case the parties can settle it offline in the legal house or anyway they like
- If SkillsBazaar is involved in settling the dispute and its involvement still does not resolve the dispute, SkillsBazaar will ask that you involve an outside mediator or use a certified dispute resolution service to help you reach an agreement. If there is a signed settlement reached between you and the other party and there are actions needed on SkillsBazaar's part, send an email to SkillsBazaar at customerservice@skillsbazaar.com with the case identification information, the name of the mediator, both parties' SkillsBazaar Usernames and the name of the project. This will be kept for record purposes with SkillsBazaar
- If the other party does not respond to your messages via deliverables or via Yackpack, contact customerservice@skillsbazaar.com and provide complete details about the project and the dispute, including your Username, the Username of the other party and the project name. SkillsBazaar will attempt to contact the other party to try to re-establish lines of communication and reach a quick resolution. As stated above, this will be just complementary service that SkillsBazaar is giving and is not obligated to carry through this service if it desires so.
- If you are a Service Provider and dispute services fee, then it should be resolved between service provider and the buyer before finalizing the deal. Once the deal is finalized you will not be able to dispute on the service fee (given that the contract based on which the fee was decided has not changed)
- If you are involved in a dispute involving feedback, please refer to the policies above to find out in what circumstances SkillsBazaar will consider removing feedback.
REFERRAL PROGRAM
As of now we don't have any referral programs.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact SkillsBazaar Customer Service as follows:
customerservice@SkillsBazaar.com
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