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Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Use. If you do not agree to all of these Terms of Use, you may not access, view, obtain goods or services from, or otherwise use the website www.outsourcermarketplace.com ("the Site", "OUTSOURCERMARKETPLACE", "we", "our" or "us"). If you elect to register as a Member (described below), you further confirm by your registration that you are bound by these Terms of Use. If you do not agree to these Terms of Use, then do not register to become a registered Member and do not browse the website. OUTSOURCERMARKETPLACE may also modify these Terms of Use at any time, without notice, in its sole discretion. Revised terms take effect when posted. Your continued use of the Site after any modification will constitute your acknowledgement and acceptance of the terms of use as modified. Please consult these Terms of Use regularly.
By your use of this Site, you agree that:
This TERMS OF USE is a contractual agreement between you and OUTSOURCERMARKETPLACE and governs your use of the Site. This Site is made available by 365 Support Desk, LLC. These Terms of Use apply to all visits to the Site both now and in the future. The term "User" refers to you as a "Visitor" to this Site. OUTSOURCERMARKETPLACE is a neutral marketplace and makes the Site available as an online venue where buyers ("Buyer") and providers/outsourcers ("Outsourcers") of multi-year software, IT, and BPO services locate and collaborate with each other and take advantage of the following services (collectively, the "Services"):
MARKETPLACESERVICES: The Site is an online marketplace where: (1) Buyers list or post projects, services or products for sale and solicit bids from potential Outsourcers and (2) Outsourcers place bids on such offers or posts or listing, respond to inquiries, and then locate and connect with Buyers directly in anticipation of a transaction. In providing the Services, OUTSOURCERMARKETPLACE only provides the venue for Buyers and Outsourcers to find and engage in a transaction.
WORKSPACE SERVICES: The Site is also a venue where OUTSOURCERMARKETPLACE provides to Buyers and Outsourcers message boards and chat rooms (for pre bid and project implementation stage), certain collaboration, feedback, and billing and payment tools, dispute resolution process and dispute assistance, and other services (collectively, "Workroom Services").
TRANSACTION DISCLAIMER:
OUTSOURCERMARKETPLACE is only providing a service. We are not involved in any transaction between any parties who use the Site. Please use caution, common sense, and engage in safe trading practices when using our Site. OUTSOURCERMARKETPLACE does NOT source or deliver Projects. OUTSOURCERMARKETPLACE is NOT involved in the contracting between Buyers and Outsourcers. OUTSOURCERMARKETPLACE does not guarantee (i) the quality or legality of services or projects or bids advertised; (ii) the accuracy of profiles or listings; (iii) any Member's ability to deliver services; (iv) any Buyer's ability to pay for services, or (v) that either a Buyer or an Outsourcer will complete a transaction. OUTSOURCERMARKETPLACE only provides the venue for Buyers and Outsourcers to find and contract with each other for Projects.
WEBSITE ACCESS
Subject to these TERMS OF USE, you may use the Website as a "Visitor" (which means you are just browsing the Website) or a registered "Member" (which means you have registered as a member of the Site and provided identifying information). As a Member, you have a personalized home page that includes content and services that you develop, manage and maintain as well as functionality made available to you via the Site. If you use the Site, you agree that all the information you provide on this Site will always be correct, current, and complete. OUTSOURCERMARKETPLACE may refuse service without prior notice to any user for any or no reason.
ACCOUNT, USER NAME AND PASSWORD: When you sign up for Services from OUTSOURCERMARKETPLACE you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to select a password that is only known to you and is not easily identifiable to others. You are solely responsible for any and all use of your membership including maintaining the security of your password. You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User. OUTSOURCERMARKETPLACE cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
MEMBERSHIP
Visitors may browse the Site free of charge, and OUTSOURCERMARKETPLACE Members may be charged fees such as, but not limited to, membership fees, project fees, transaction fees, and payment processing fees. OUTSOURCERMARKETPLACE reserves the right to charge for its Site, to change its fee structure, to institute new fees, and to change its membership programs and/or prices, upon reasonable notice posted in advance on this Site. Membership on OUTSOURCERMARKETPLACE for Buyer is free. Outsourcers can register for an annual membership in accordance with http://www.outsourcermarketplace.com/signup.php?type=provider.
If you wish to sell services through OUTSOURCERMARKETPLACE, you must complete the Outsourcers registration process and select a membership program in accordance with http://www.outsourcermarketplace.com/signup.php?type=provider. You agree to provide true, accurate, and complete information and to update your information to maintain its truthfulness and accuracy. You are not allowed on OUTSOURCERMARKETPLACE to provide misleading information about your location, for example, by using a satellite location in a different country. OUTSOURCERMARKETPLACE can suspend or terminate your Account if it discovers that any information you provided or posted is not accurate.
PROJECT POSTING AND BIDDING
OUTSOURCERMARKETPLACE makes available content and functionality to allow Buyers to post information regarding Projects and for Outsourcers to bid on these Projects.
For Buyers, OUTSOURCERMARKETPLACE offers two ways to post a project: Basic or Featured. A Basic Project posting is visible to all OUTSOURCERMARKETPLACE Outsourcers in the Category relevant to your Project. OUTSOURCERMARKETPLACE will not charge the Buyer a fee for posting a Basic project. OUTSOURCERMARKETPLACE will charge the Buyer a posting fee for a Featured Project posting. A Featured Project posting is visible to all OUTSOURCERMARKETPLACE Outsourcers; however, Outsourcers with Premier status in the Category relevant to your Project receive immediate and regular notifications of the Buyers requirements.
You, if acting as an Outsourcer, agree to the following:
Violation of these rules may result in suspension or termination of your Account. OBSERVANCE OF NON DISCLOSURE TERMS
Both Buyers and Outsourcers must observe the Non Disclosure terms before posting/listing a project and bidding on a project respectively. The Non Disclosure obligations are as follows
The Parties hereto agree that any information provided to them in connection with the transactions contemplated by the transaction or contract between them, records, paperwork, files, documents, work in progress, ideas, concepts, work products etc. ("Confidential Information") will be kept confidential by them and their respective officers, directors, employees, agents, representatives and advisors; provided, however, that disclosure of such information may be made:
(a) To the extent the same shall be or have otherwise become publicly available other than as a result of the Parties hereto, and
(b) If, in the reasonable opinion of counsel to the disclosing Party, such disclosure is required to be disclosed by law or during the course of or in connection with any litigation or proceeding, provided that the Party so disclosing notifies the other Party of its obligations to provide such confidential information and fully cooperates with the other Party to protect the confidentiality of such information.
BUYER AND OUTSOURCER PERFORMANCE
As a Buyer or an Outsourcer, you agree to be financially responsible for your use of OUTSOURCERMARKETPLACE and the purchase or delivery of Services. You agree to perform your obligations and complete the transaction as specified by the terms of your project, order, bid, proposal or your agreed business terms, whichever is most recent, unless such transaction is prohibited by law or by the TERMS OF USE. Upon acceptance of a bid proposal, if you are the Buyer you agree to purchase the Services, and, if you are the Outsourcer you agree to provide the Services, in accordance with the terms agreed to by the parties in the bid or uploaded contract, subject to any mutually-agreed increase or decrease in project scope.
The Buyer and Outsourcer agree that OUTSOURCERMARKETPLACE, in its sole discretion, may suspend or terminate contracts as necessary to protect the Site.
US CURRENCY
OUTSOURCERMARKETPLACE operates in US Dollars (USD) and therefore is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars. Also, OUTSOURCERMARKETPLACE is not responsible for currency fluctuations when receiving or sending payment via wire transfer, check or ACH to and from your Account.
PAYMENT; ESCROW ACCOUNT
You agree to pay all fees applicable to your use of the Site. You agree to not circumvent the OUTSOURCERMARKETPLACE. Winning Outsourcers hereby agree that they shall pay all commission/service fees to OUTSOURCERMARKETPLACE as mentioned herein. On the award of a project, a Winning Outsourcer/bidder must pay a percentage their bid in to Escrow. OUTSOURCERMARKETPLACE automatically takes 50% of the Escrow amount, with the remaining 50% taken on contract signature. The following fees will be used to calculate the Escrow Account Payment: Total Bid Value Commission Rate AVOIDING COMMISSIONS Users/Buyers are strictly prohibited from attempting to negotiate the fee for a project with an Outsourcer directly (outside of OUTSOURCERMARKETPLACE) before or after any project that was closed without an Outsourcer being chosen. Both parties are responsible for notifying OUTSOURCERMARKETPLACE if the contract amount increases (above the bid amount) after the project is closed. When an Outsourcer requests a refund or withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a refund or withdrawal request the Outsourcer has failed to notify OUTSOURCERMARKETPLACE staff of a payment received above the amount of his bid, OUTSOURCERMARKETPLACE reserves the right for due diligence to verify the contract was signed below the bid. 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 offender. The potential project fee will be determined by OUTSOURCERMARKETPLACE at its discretion, and will typically incorporate the buyer's fee and the Outsourcer's 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 offender eventually participates in the project on OUTSOURCERMARKETPLACE for which the violation was made and regular project fees have been paid. COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL: All
items on this Site are copyrighted by OUTSOURCERMARKETPLACE, its agents,
employees, officers, subsidiaries, members or affiliates. This copyright
extends to text and graphics, the selection, arrangement and presentation of
all materials, and the overall design of the site. Reproduction or
republication is strictly prohibited without prior written permission. This
Site may also contain valuable trademarks, service marks, names, titles, logos,
images, designs, copyrights and other proprietary materials owned, registered
and used by other companies who have authorized their use on this site only.
Other products and company names mentioned in the Site may be the trademarks of
their respective owners. Except as noted above, you are not conveyed any right
or license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or any other proprietary right of OUTSOURCERMARKETPLACE,
the Site, affiliate or any third party. All trademarks, service marks, logos, or other corporate identifications such as outsourcermarketplace.com (collectively, "Marks") on this Site are trademarks or service marks of OUTSOURCERMARKETPLACE. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Site is strictly prohibited without prior written approval by OUTSOURCERMARKETPLACE.
We make no guarantee regarding the reliability, accuracy, or quality of any OUTSOURCERMARKETPLACE Content. The Site contains a directory of Outsourcers. OUTSOURCERMARKETPLACE provides this directory as a convenience and does not verify any of the information contained within it. PROVIDING
CONTACT INFORMATION PROHIBITED CONTENT AND/OR ACTIVITY: You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use OUTSOURCERMARKETPLACE's Services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to OUTSOURCERMARKETPLACE's DMCA Policy, which is herein incorporated by reference. We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. In addition, you agree not to:
OUTSOURCERMARKETPLACE and its affiliates do not claim
ownership of the materials you provide to OUTSOURCERMARKETPLACE (including reviews, feedback and suggestions)
or post, upload, input or submit to any OUTSOURCERMARKETPLACE or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting OUTSOURCERMARKETPLACE , its
affiliated companies and necessary sub-licensees a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers)
right to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission. No compensation will be paid with respect to the use of your
Submission, as provided herein. OUTSOURCERMARKETPLACE is under no obligation to
post or use any Submission you may provide and may remove any Submission at any
time at OUTSOURCERMARKETPLACE's sole discretion. By posting, uploading,
inputting, providing or submitting your Submissions, you warrant and represent
that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions. Additionally,
Users may not use this Site for any other purpose other than those included in
this TERMS OF USE without OUTSOURCERMARKETPLACE's express prior written
consent. For example, you may not (and may not authorize any other party to)
(i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this
Site in a manner inconsistent with this TERMS OF USE or in an inappropriate
manner as determined by OUTSOURCERMARKETPLACE in its sole discretion. USER PROFILE: CONTRACT,
LEGAL INSTRUMENTS: OUTSOURCERMARKETPLACE AND ANY THIRD PARTY PROVIDERS MAKE NO
WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS
SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. OUTSOURCERMARKETPLACE AND
ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY
OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM
A COURSE OF DEALING OR USAGE OF TRADE. OUTSOURCERMARKETPLACE WILL NOT BE HELD
LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT
OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR
LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER OUTSOURCERMARKETPLACE
NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL
SENT FROM OUTSOURCERMARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. LIMITATION
OF LIABILITY: OUTSOURCERMARKETPLACE assumes no
responsibility, and shall not be liable for, any damages to, or viruses that
may infect your computer equipment or other property on account of your access
to, use of, or browsing in this site or your downloading of any materials,
data, text, images, video or audio from the site. We are also not responsible
for any loss attributed to our failure to provide timely reminders to our
users. In no event shall OUTSOURCERMARKETPLACE
or any third party providers or distributors be liable for any injury,
loss, claim, damage, or damages, including, but not limited to, any special,
exemplary, punitive, indirect, incidental or consequential damages of any kind,
whether based in contract, tort, strict liability, or otherwise, which arises
out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non
performance by OUTSOURCERMARKETPLACE or
any third party providers, including, but not limited to, non performance
resulting from bankruptcy, reorganization, insolvency, dissolution or
liquidation even if such party has been advised of the possibility of damages
to such parties or any other party. User agrees to
indemnify and hold harmless OUTSOURCERMARKETPLACE, at User's sole expense,
against any claim, action, legal proceeding, damages, liability, settlements,
expenses (including attorneys' fees) and other costs relating to (i) breach of
any of these terms by any party; (ii) User's negligence or misconduct, or (iii)
claims that User has infringed the copyright, trademark, trade secret, patent,
or other proprietary right of a third party. LINKS TO/FROM THIRD PARTY SITES: This Site
contains links to third party sites. User accesses these sites at User's own
risk; the Site is not responsible for the Content, changes, updates, or other
links contained in a linked site. OUTSOURCERMARKETPLACE
provides these links merely as a convenience, and the inclusion of such links
does not imply an endorsement by OUTSOURCERMARKETPLACE of the websites. Any third party
desiring to link to the Site must link to the Site's homepage located at www.OUTSOURCERMARKETPLACE.com.
No one may link to any other page of this Site without the prior written
consent of the Site. NO
PARTNERSHIP OR AGENCY: User
understands and acknowledges that no joint venture, partnership, employment, or
agency relationship exists or is created between User and OUTSOURCERMARKETPLACE
as a result of use of the Site. DISPUTES: OUTSOURCERMARKETPLACE is only an online marketplace. Buyers and Outsourcers must contract directly. Since we do not represent any user or involve in any transaction we do not arbitrate disputes. It is prudent that Buyers and Outsourcers perform their own due diligence before conducting a transaction. However, to provide a safe online transaction and for your convenience, we would provide tools like the reference book, ratings and feedback on profiles that will assist in conducting any due diligence. User profile information such as, but not limited to, reviews, previous transactions, and successful transaction rates would also assist Buyers to a great extent in transacting with Outsourcers. Notwithstanding the foregoing, we do not take any responsibility for the accurateness of our reference books, ratings or feedbacks from other Members/Buyers/Outsourcers. We must not be held responsible or liable should a dispute arise between an Outsourcer and Buyer. The parties in dispute must contact the other to resolve such disputes. PRIVACY:
OUTSOURCERMARKETPLACE
is strongly committed to protecting your privacy and has implemented a
comprehensive privacy policy. OUTSOURCERMARKETPLACE
does not disclose or release personal or financial information about you except
what is necessary to process your request for assistance. For details, please
view our Privacy Policy COMPLIANCE WITH STATE AND FEDERAL LAWS MISCELLANEOUS OUTSOURCERMARKETPLACE
may be required by state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our
posting them on the Site or delivering them to you through e-mail. You may
update your e-mail address by visiting the Services where you have provided
contact information. If you do not provide us with accurate information, OUTSOURCERMARKETPLACE
cannot be held liable if we fail to notify you. Our
failure to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or these Terms of Use
must be filed within one (1) year after such claim or cause of action arose or
be forever barred. These
Terms of Use, including all terms, conditions, and policies that are
incorporated into these terms by reference, constitute the entire agreement
between you and OUTSOURCERMARKETPLACE and govern your use of the Site,
superseding any prior agreements that you may have with us. These
Terms shall be construed in accordance with the laws of the State of If
any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Terms shall continue
in effect. CONTACT US If you would like to request additional information regarding these
Terms of Use, please contact us at 908-333-0000 or
info@outsourcermarketplace.com. |
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