BizziBid, LLC Service Agreement
Please read this Agreement carefully. Participation on BizziBid.com indicates that you accept this Service Agreement and the Terms and Conditions.
This Service Agreement ("Agreement") between You and BizziBid, LLC ("BizziBid") consists of the below items. "You", "Your" or "Contractor" means any entity identified to be enrolled or participating in BizziBid by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
1. Recitals
BizziBid, LLC is an Internet based listing service for home improvement/project/repair contractors. The purpose of this agreement is for You to obtain a listing on BizziBid.com.
2. Obligations of the Parties
BizziBid shall perform, or cause to be performed, all of the marketing for BizziBid.com, as represented in this Agreement, which shall consist primarily of hosting and maintaining an internet based website(s), providing Contractor contact and listing information to consumers in predefined geographic areas.
BizziBid retains the right to omit any offensive content contained in Contractor's information on BizziBid.com.
BizziBid will not sell or resell any information pertaining to Contractor's business to any third parties, except as may be required or expected for BizziBid to perform the marketing obligations represented in this Agreement. You agree to keep all information about consumers provided by BizziBid to You strictly confidential, and shall not disclose, sell, or resell, directly or indirectly, such information to any other persons or party.
During the term of this Agreement, BizziBid shall provide You with access to BizziBid.com in order for You to upload business information to Your webpage(s), including but not limited to: Contractor's logo, a short 3 line description of Contractor's business, and a one page format for a detailed description of Contractor's business. You will provide and are responsible for all content You display on BizziBid.com to include the rights of said content. BizziBid will display Contractor' information within all of the categories selected by You. You can be listed in up to 3 categories. Your information will be posted the same for all categories You are listed in. If You require different material to be loaded for different Categories, these accounts will be treated as separate accounts. Additional categories will require additional Contractor consideration.
You may purchase additional services, for BizziBid to input Your business information to BizziBid.com for an initial set-up fee. You will provide all content in either printed or electronic format. You are responsible for all material given to BizziBid.
Charges and fees for services and advertisement are in Sect. 5, Charges.
4. Term
This contract will become effective upon Contractor participation on BizziBid.com, and will run continuous unless written notification (including electronic mail) of cancellation from either BizziBid or Contractor. See Sect. 9, Termination of Agreement.
5. Charges
As of July 15th, 2006, there is NO charge for BizziBid.com.
We do reserve the right to charge for this service in the future. At such time that BizziBid implements a fee for this service, BizziBid will notify Contractor 30 days prior and provide an updated agreement.
Optional (This is an Optional Service. If You elect NOT to input/update Your own information, then the following fees will apply)
Data Input Service Fee
You may elect to have BizziBid input Your business information to BizziBid.com. You agree to pay an one-time $99.00 fee if You elect this service. You will provide all content in either printed or electronic format. If You elect to have BizziBid update Your business information to BizziBid.com, You agree to pay a fee of $29.00 per update.
6. Payment Terms
All payments are due upon signing up for the service.
BizziBid will also charge a fee of not less than $50 for any payments that are returned unpaid by bank.
7. Rights Reserved
BizziBid retains the right to make changes to www.BizziBid.com at any time, to include, but not limited to: Search function, site design, contractor rating system and site layout.
8. Liability
BizziBid shall not have any liability under this Contract in excess of the amount of payment(s) received for services rendered during Agreement year the liability is incurred.
BizziBid shall have no liability for any act, omission, or conduct of Contractor, Contractor ’s employees or agents, or on account of work performed by Contractor, Contractor ’s Employees, Agents or subcontractors, or on account of or arising from any Consumer claims against Contractor.
9. Termination of Agreement
You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in BizziBid.com. This Agreement will be deemed terminated within ten (10) business days of BizziBid's receipt of Your notice. BizziBid may at any time, in its sole discretion, terminate all or part of this Agreement for any reason. In addition, BizziBid reserves the right to terminate this Agreement without notice any account due to consumer complaints. No refund will be paid to You if this Agreement is terminated due to consumer complaints. No refund will be paid to You for Data Input Service fees or update fees, regardless of cause of termination. Subscription fee refunds, will be governed by the then applicable agreement.
10. Assignment
You may not assign, delegate or subcontract any rights or obligations under this Agreement without BizziBid's prior written approval.
11. Business Permits, Certificates, Licenses, Insurance and Other Terms
You agree and hereby verify that You are in compliance with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services performed by the business You are listing with BizziBid.
You will maintain current Insurance deemed ordinary and necessary for the services performed by the business You are listing with BizziBid.
You currently have NO unresolved complaints with the Better Business Burea. (You are NOT required to be a member of the Better Business Burea) If you have any unresolved complaint(s), BizziBid reserves the right to delete you from BizziBid.com with no notice.
12. Miscellaneous
- Choice of Law. This Agreement, and any dispute arising from the relationship between the parties to the Agreement, shall be governed by Texas law, excluding any laws that direct the application of another jurisdiction’s laws.
- Modification of Agreement. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in BizziBid.com after such terms have been updated by BizziBid.
- Entire Agreement. This Agreement and all other agreements, exhibits and schedules referred to in this Agreement constitute(s) the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understands or contemporaneous statements or agreements. No party has been induced to enter into this Agreement, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
- Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.
- Representation on Authority of Parties. By Participation on BizziBid.com You acknowledge this Agreement represents and warrants that You are duly authorized and have legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
- Force Majeure. No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control (including any mechanical, electronic or communications failure, but excluding failure caused by a party’s financial condition or negligence.
Indemnification
YOU AGREE TO INDEMNIFY BIZZIBID, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, EXPENSES AND COSTS, WHETHER DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL (INCLUDING ATTORNEY'S FEES), ARISING FROM ANY THIRD PARTY CLAIMS OR DEMANDS, OR DUE TO OR ARISING FROM YOUR USE OF BIZZIBID'S SERVICES OR IN CONNECTION WITH THE BIZZIBID WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
General Provisions
[OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE OR YOUR USE OF THE WEB SITE AND THE INFORMATION CONTAINED THEREON, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.]
These terms and conditions shall be governed in all respects by the laws of the State of Texas. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Web site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, other than any separate written agreement entered into between BizziBid and a contractor. You agree to submit to jurisdiction in Texas and that any claim arising under these terms and conditions will be brought solely in a court in Travis County, Texas.