Use of the site & PROHIBITIONS
The Site allows you to post projects, sell services, advertise and bid on projects. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts; (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name or business name, a valid email address, and any other information needed in order to complete the signup process. You must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments AND PROCESSES OF INVIOCES
Projects2bid has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Projects2bid prior to the latter�s acceptance of an order for a subscription unless the subscription carries a trial period. Unless credit term has been agreed upon, payment for the services shall be made by credit card, debit card, Paypal, Google checkout or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Projects2bid has all the discretion to cancel or deny orders. Projects2bid is not responsible for pricing, typographical, or other errors in any offer by Projects2bid and reserves the right to cancel any orders arising from such errors. Invoices must be paid at the beginning of the subscription period. If your subscription carries a free trial period you will be invoiced and charged automatically once the trial period is over unless the customer cancels his/her subscription prior to expiration of the trial period.
Customer will be invoiced one week prior to a subscription payment falls due. If the customer do not wish to continue with the subscription he/she should cancel the subscription prior to subscription payment date. Once a subscription payment is charged it will not be refunded.
BIDDING and WINNING PROJECTS
GOLD(paid) providers can place unlimited bids on projects posted by the sellers. Awarding projects is at the sole discretion of the seller and Projects2bid will not be liable for any unsuccessful bids placed. GOLD providers have unrestricted access via on-site email system to contact sellers prior to bidding, after a bid is placed and after a project is closed. Updating project specification, changing projects budget and closing date is at the sole discretion of the seller and Projects2bid will not be liable for any losses or missed opportunities arising as a result of such changes.
Bidding on projects, unrestricted e-mail access to sellers and priority listing of your profile is available strictly to GOLD providers. Projects2bid has the right to restrict providers from bidding, remove bids already placed, restrict e-mail access to sellers and disable priority listing immediately after a GOLD(paid) provider unsubscribe from the services or converts him/her self to a regular(free) provider.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Projects2bid shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products and services sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an �as is� and �as available� basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Projects2bid. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the Projects2bid to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Colombo, Sri Lanka, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Colombo, Sri Lanka, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.