Terms & Conditions
This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by Bidlance International. Members must agree to the following Terms and Conditions. In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to Bidlance International, Bidlance International may terminate the participation of such member in the service and/or may withhold any payments relating to participation in the service due to such member from Bidlance International.
Bidlance International shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service.
Bidlance International will typically make payments/withdrawals if the member requests it AND their account balance is equal to or greater than $30. All amounts are stated in and all payments will be made in US funds. We verify all deposits and might ask you to verify yours; If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account. New members cannot withdraw funds within 30 days of their first project payment. Bidlance International reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Bidlance International account or face account termination. Bidlance International cannot be held liable for deposits reversed without its authorization due to reasons, including, but not limited to, fraud, chargebacks or complaints. Bidlance International reserves the right to earn interest from its service provider banks or others arising from the processing of payments. Bidlance International are prohibited by law from paying interest to members in respect of any balance held in member's account. Bidlance International may request proof of programming services performed at any time before authorizing a withdrawal of funds received for that project.
As previously stated, any member site that Bidlance International removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
Bidlance International provides escrow as a free, bonus, and automated service only as a tool to help members transact more securely. We do not act as an arbitrator between parties, should a dispute arise, except in limited situations. Financial disputes should be resolved between members, or via another third party, and without Bidlance International whenever possible. We do, however, reserve the right to cancel an escrow payment, at any time, if we believe we are left with no other option. We also reserve the right to complete an escrow payment if no response is received from the payer, after repeated attempts at contact, for 30 continuous days.
Members may not file a complaint with one of our payment processors, including PayPal, Moneybooker or Barclays bank, regarding the funds deposited into their account. Bidlance International staff will do its best to resolve any problem a member may have. Refunds will be processed, if deemed necessary, at a time of Bidlance International staff's choosing. Due to the incompatible communication systems between our payment processors and Bidlance International staff members, payment disputes logged directly with those processors cannot be properly managed and will cause further delays. Due to this, members who make a complaint to our payment processor will face account termination without notice. Bidlance International makes available a project dispute system that may be used by members to request mediation by staff. Bidlance International reserves the right to use its own discretion to make decisions in favor of a party and considers its decision final. A fee may be charged to reopen closed dispute cases. Dispute and cancelation cases may not be opened more than 30 days after the project's start date. Escrow payments will not be completed by Bidlance International if the programmer fails to open a case within this 30 day time period.
No copyright material can be posted on Bidlance International. Only posting sections of articles or scripts, as examples, will be permitted. A "section" being no more than 10% of the contents. This is meant to protect the author's rights. We also do not tolerate projects that are clearly requesting unauthorized reproduction of copyrighted or patented material.
REMOVAL FROM NETWORK
Bidlance International reserves the right to terminate the participation of any member or site without reason but expressly including any member site that Bidlance International judges to be in violation of the Terms and Conditions.
Members in violation of Bidlance International's Terms and Conditions will be immediately deactivated. Bidlance International may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from Bidlance International. Members that are terminated by Bidlance International on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from Bidlance International.
Bidlance International reserves the right to change the member Terms and Conditions at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event Bidlance International offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
Members agree that all information contained on a website operated by Bidlance International, is the proprietary information of Bidlance International. Personal information provided by members to Bidlance International will be kept confidential and will not be distributed to any third party.
Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Bidlance International at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a provider (or you are the provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless it's for a project you (a provider) have been picked for, or you (a buyer) have picked a programmer for. This includes giving out your e-mail address, instant messenger, phone number, or any other method of contact outside of this site. Website addresses which display or directly link to a members contact info are also not permitted. Bidlance International provides you with message boards, which should be sufficient for pre-project planning.
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of Bidlance International). This also applies to any project that was closed without a provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Bidlance International if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a programmer requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the programmer has failed to notify Bidlance International staff of a payment received above the amount of his bid (a total payment above US$100), Bidlance International reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on Bidlance International. Penalty fees will be charged to repeat offenders of the site terms, including for the posting of contact info, for which double the fees that potentially would have been charged for a completed project will be charged to the offendor. The potential project fee will be determined by Bidlance International at its discretion, and will typically incorporate the buyer's fee and the providers fee based on the bid. If no bid has been placed the fee may be determined based on the project budget. Penalty fees charged to an offending member may be refunded if the offendor eventually participates in that project on Bidlance International on which the violation was made, and pays the regular project fees.
Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to buyers too. Buyers cannot create projects that directly or indirectly require programmers to place hourly or other abnormal bids.
There are no restrictions to the ammount of projects you can post on Bidlance International. Although, the placing of multiple projects with no selection of winning bidder will be looked into in case of fraudulent activity towards our services. this will include investigations into avoiding fees and other such activities. We reserve the rights to suspend your account while any such investigations are carried out, and we can also suspend or terminate any projects you have active while we conduct this search.
You are prohibited from advertising your website on Bidlance International. Any URL posted in a bid, project description, or the message board, must relate to a project on Bidlance International. An example of a permissible URL: your portfolio or resumÃ© page.
An individual may not possess more than one Buyer account and one Provider account, unless they have contacted and received authorization from Bidlance International staff. Users found with unauthorized multiple accounts, or found to be using multiple accounts to avoid bad reviews, fees, suspensions or other limitations, will face suspension of all their accounts. It is prohibited under all circumstances to transfer ownership of an account, without authorization from Bidlance International staff. Accounts that are inactive (have no login activity) for more than 12 months will be deactivated and have their remaining funds deducted by Bidlance International.
Affiliates can only refer legimitately interested visitors. You understand that Bidlance International can delay payment if it believes a referral's fee payment may be reversed due to fraud or by other means. Bidlance International reserves the right to limit participation in its affiliate program as well as withhold payment of commissions due to innapropriate activity on behalf of any involved party. We release payments every 3 months and only if your earnings are equal to, or greater than $30 in any single withdrawel.
THE ROLE OF Bidlance International
Bidlance International functions as a venue to connect buyers and providers in a virtual marketplace. As a neutral facilitator, Bidlance International is not directly involved in the actual transactions between users of the Site. As a result, Bidlance International has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Bidlance International cannot and does not confirm the identity of users. Bidlance International also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any member on the Site. You are enouraged to review our Project Guidlines before taking part in a project. If you are unsatisifed with another member, the most Bidlance International can do is refund the project commission you have been charged by us. We cannot refund the money you have sent to someone, we are not responsible for your transactions. Bidlance International is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is the receiver's responsibility to verify the identity and background of the sender.
Members are responsible for legal issues related to the work product or process and any postings on Bidlance International. The substantive laws of England and Wales govern any controversy or claim of whatever nature arising out of or relating to the use of this website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to this Privacy Statement and terms and conditions, its validity, performance, enforcement or breach, or the subject matter of this Privacy Statement may be heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.
We thank you for choosing the Bidlance International service and we look forward to a mutually successful business relationship.