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This Agreement (hereinafter referred to as the "Agreement") explains the contractual agreement between Contracts and Services, a web service application product of Carrington Blake Ltd of London, United Kingdom having its principle place of business at The Dock Room, 20 Dock Street, Tower Hill, London, E1 8JP ("Contracts and Services," "we," "us") and you ("Company," "you," "your") who agrees to the terms of this Agreement by clicking the "I AGREE" checkbox on the Registration forms that are within the website." This Agreement is made to be effective as of the date accepted by Contracts and Services following your execution and submission of this Agreement by clicking the "I AGREE" checkbox on the Registration forms that are within the website." This Agreement governs your use of the Contracts and Services Web Site (the "Web Site") and transactions conducted through this Web Site including, but not limited to, the billing and payment services described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be bound, hereby agree as follows: |
CLICK THE "I AGREE" CHECKBOX |
By using the Web Site clicking the "I AGREE" checkbox on the Registrations that are within the website," you acknowledge your acceptance of the terms and conditions of this Agreement. By accepting the terms and conditions of this Agreement and completing the registration processes, you are simultaneously (i) registering as a "Registered User" (as defined herein), (ii) designating yourself as a "Company" (as defined in Section 3) (iii) representing and warranting that you can legally enter into this Agreement, and (iv) agreeing to the terms and conditions of this Agreement. If you do not accept this Agreement, you are not authorized to use the Web Site. If you have any questions about this Agreement, please call us at +44 208-766-5846 or contact csadmin@contractsandservices.com. The term "Registered Users" includes all individuals or entities who have registered through the Contracts and Services Web Site. |
The Web Site provides an online marketplace venue for Companies to post jobs and search for professionals. The Web Site also provides Companies with billing and payment services. Via the Web Site, we provide certain information about our products, services and users, and certain other third party information. We may add, delete or modify some or all of our services and information at any time. Contracts and Services and you wish to enter into an Agreement wherein Contracts and Services agrees to provide to you, and, if applicable pursuant to the payment terms described in Section 9 hereof, you agree to pay for, certain specified services more fully described herein. |
By clicking the "I AGREE" checkbox on the Registrations that are within the web site and registering with the Contracts and Services Web Site, you are designating yourself as a "Company." "Companies" are entities looking for professionals to perform a specific set of services on a part time and/or consulting basis. |
Contracts and Services shall provide services to both Professionals and Companies. "Professionals," as used in this Agreement, means individual professionals ("Individual Professionals") or vendors operating as corporations, partnerships or limited liability companies ("Corporate Vendors") with specific skill sets that are looking for part time and/or consulting opportunities.
A. We do not set or endorse: (i) the price, contract terms, quality, conformance or legality of the services or jobs advertised or offered; (ii) the ability of Companies to offer employment or any other type of working relationship; or (iii) the ability of Professionals to offer services and/or perform accordingly. We cannot and do not control whether any Company will complete the payment they offer. We are not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Registered Users. From time to time, we will provide features and services which either are or shall be set forth in separate sections of the Web Site, which are subject to the terms of this Agreement, but are also subject to the additional terms and pricing specified on the Web Site. With respect to these features and services provided on our Web Site, you will be charged, and agree to pay us any fees, as set forth in separate sections of the Web Site detailing such features and services.
B. You need to acknowledge that, although Contracts and Services may provide Services to Companies, your contract or agreement to obtain services and make payments is an agreement between you and a Professional. If it is determined by a court of competent jurisdiction that a contract exists between a Professional you have engaged and Contracts and Services for the Professional to provide any services pursuant to an Assignment (as defined in Section 7), you hereby expressly agree to indemnify Contracts and Services for any and all liability, under a theory of contract or any related legal obligation, for any amounts owed to a Professional you have engaged through the use of, or arising out of, our services.
C. (i) After you indicate your approval of a Professional’s work product given to you in response to your job posting and such Professional’s bid (“Deliverables”), such approval to be made through the Web Site, we can support the posting company but from the point that you select a professional for your project the body of work the two parties are no longer under the web site control of Contracts and Services. (ii) If, for any reason, you or a Professional request Dispute Resolution Services through the Web Site with regard to any job posting, Deliverable or payment therefore, you hereby expressly agree to indemnify Contracts and Services for any and all liability.
D. (i) Contracts and Services does not offer dispute resolution services (“Dispute Resolution Services”) (ii) BY CLICKING “I AGREE” TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT, IN CONSIDERATION OF OUR AGREEMENT TO PROVIDE YOU WITH CONTRACT ACUTION AND DIRECTORY LISTING SERVICES, YOU HEREBY RELEASE CONTRACTSANDSERVICES.COM AND ALL OF OUR AFFILIATES FROM ANY DAMAGES OR LIABILITY WHATSOEVER RELATED TO YOUR ENGAGEMENT OF A PROFESSIONAL OR OUR SERVICES. YOU FURTHER AGREE TO INDEMNIFY CONTRACTSANDSERVICES.COM AND ALL OF OUR AFFILIATES AGAINST ANY AND ALL DAMAGES OR LIABILITY THAT WE MAY INCUR, INCLUDING ATTORNEYS FEES AND COSTS, IN CONNECTION WITH OUR PROVISION OF SERVICES TO YOU. |
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Web Site or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques. |
INFORMATION POSTED ON THE WEB SITE |
A. You are solely responsible for information that you post on our Web Site, including but not limited to any posting or listing in any public message area or through any email feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libellous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on our site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on our site which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabelled or deceptively labelled. Information on the Contracts and Services Web Site is provided "AS IS" and may contain technical inaccuracies or typographical errors.
B. The Web Site may contain links to third-party web sites not under the control or operation of Contracts and Services. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site. |
Project Owners and Bidders are not allowed to contact each other directly or attempt to circumnavigate the contract auction process. We reserve the right to hold any users liable for any losses incurred if they are found to be in breach of this agreement. |
RELATIONSHIP AND OBLIGATIONS OF PARTIES |
A. Contracts and Services provides Services for Registered Users, including you, other Companies and Professionals. All parties are independent contractors vis-à-vis Contracts and Services with respect to all matters arising out of this Agreement. No Registered User shall be considered the employee, agent, partner or joint venturer of Contracts and Services and Contracts and Services shall not be considered the employer, agent, partner or joint venturer of any Registered User.
B. You agree and understand that Contracts and Services is simply acting as an intermediary to place Companies and Professionals in contact with each other. Contracts and Services is not responsible for the timeliness or accuracy of the work undertaken by the chosen Professionals. Contracts and Services is under no obligation to ensure the timeliness, accuracy, completion or workmanship of any Assignment you give to a Professional.
C. You agree that Contracts and Services, by providing the Services hereunder, does not accept liability as an employer - either singularly or jointly - of any Professional and that the employment/independent contractor status of any Professional as such status pertains to such Professional's relationship with you is solely determined by an agreement between the Professional and you. You agree and understand that Contracts and Services will not in any way be involved in the terms and conditions of your employment or contracting arrangement with any Professional and that any services for which you engage a Professional are provided by and under separate agreement between you and such Professional. Contracts and Services is not responsible for and will not control the manner in which a Professional operates and is not involved in the hiring, firing, discipline or working conditions of the Professional. Contracts and Services will not provide any Professional with any materials or tools with which to complete any projects for which you engage a Professional. Any problems, complaints or questions regarding the work environment, performance or other terms and conditions of employment and/or contracting must be resolved by and between you and any Professional you engage.
D. You agree that you will abide by any and all applicable non-discrimination, employment, tax and other federal and state statute(s), regulation or common law. You agree to hold harmless and indemnify Contracts and Services for any and all liability arising from a violation of any such statute, regulation or common law. |
A. You are responsible for payment and reporting of any taxes. Contracts and Services is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, Contracts and Services reserves the right to change the Service Charge at any time. Any change in the Service Charge will be reflected on web site before the processing of a payment transaction. |
A. This Agreement shall become effective upon the execution hereof by the parties, as described above, and shall continue until terminated by Contracts and Services.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the Service at any time upon notice to the other party. In such event, (i) Contracts and Services shall continue to perform the Service necessary to complete any invoicing and payment process or other process already set into motion ("Open Transaction"); and (ii) you shall continue to be obligated to pay all Professionals for any Assignment for which you have engaged such Professionals in order to complete any Open Transaction. |
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