Terms and Conditions
Last Updated: December 14, 2018
These are the terms and conditions for Service Providers (the ‘Terms’) for chooseabid.com, collectively referred to in this agreement as the ‘Site’, ‘Platform’, ‘we’, ‘us’, or ‘our’.
The object of the Site is to provide an online platform to enable persons providing services (the ‘Service Provider’ or ‘you’) and persons who wish to avail themselves of and pay for services (the ‘Customer) to connect with each other. The Site is intended to allow the Service Providers to offer their services in response to a Customer’s search and request of various services (the ‘Services’).
All and any use of the Site shall be subject to these Terms and by using the Site in any way whatsoever, you agree to be bound by these Terms in their entirety.
WHAT DO WE DO?
chooseabid.com operates a website that matches and connects Customers with relevant Service Providers against a single request for service.
All services are easily accessible by Customers against a simple text input search or index search. Once a service is chosen, chooseabid.com proceeds to request further details from the Customer, about the required service. Once the form has been filled in, chooseabid.com automatically sends the Customer request to all Service Providers on its database that are registered in the service category chosen by the Customer. Service Providers are also able to proactively search for Customer Requests themselves in the four categories (Home, Business, Personal or Events) or by using keywords.
Interested Service Providers are then able to give their quote on the Customer’s request. All Service Providers will be given an equal opportunity to build their reputation via our Ratings & Reviews system, from the ground up. More information about each Service Provider can be found on their profile page.
The Customer may then, but is not obliged to, choose the offer that is most favourable to him/her.
We do not:
provide the Services ourselves;
get involved with the contract of work between the Customer and the Service Provider;
get involved with payments between the Customer and the Service Provider;
guarantee that a Customer will select you as a Service Provider;
act as agents or partners to the Service Providers or the Customer;
take responsibility for any issues whatsoever arising in connection with Services provided by the Service Provider.
REGISTRATION AS A SERVICE PROVIDER
It is possible for both businesses and freelance individuals in possession of a VAT number, to register as a Service Provider.
All eligible Service Providers may create an account on our Site by completing a registration form, which is accessible here www.chooseabid.com/register-provider. Registration shall be subject to our acceptance and we reserve the right to refuse any application at our sole discretion, without giving a reason.
You are responsible for the information you provide to us in your registration form and in your profile on the Site. Please ensure that all information is accurate, complete and up to date at all times.
While creating your chooseabid.com account, you will be asked to choose from a list of Services that you provide. You are allowed to choose several. The Site supports a number of categories of services, which are subject to change from time to time.
You will also be asked to include information and details under your profile regarding the Services you provide, how long you’ve been in business and any images related to your work. All images will be vetted and may take up to 24 hours to be released on your profile. We are not obliged to review or edit your Profile but we may change or ask you to make changes to ensure it is presented in an informative and helpful way for Customers. You will not be able to bid on any Customer Requests until your profile is completed. See the ‘Your Profile’ section below for further information.
By accessing or using this Site:
(i) You represent and warrant that you have the legal capacity and authority to enter into a contract.
(ii) You declare that you are legal citizen of the Maltese Islands (EU).
(iii) You will comply with any taxation laws related to providing services.
(iv) You have no criminal record and will not use or abuse this platform for any illegal or unethical activities.
The Site does not assume any responsibility for the confirmation of any Member’s identity.
If your registration is accepted, you will be able to use your account to bid on Customer Requests. By registering as a Service Provider with us, you accept that your Login Details must be kept confidential. You shall be held responsible for all and any activities that take place under your Login Details.
You are entitled to register on the Site only once. Creating more than one user account is a violation of our Terms and can result in the suspension or termination of your account.
We reserve the right to disable access to your account at any time if we believe that this is required to preserve the security and proper operation of the Site, if at any time you have breached your obligations under these Terms, or if we become aware that any of the details you supplied upon registration were incorrect, inaccurate or misleading in any way.
Our Site provides Customers with the facility to search for a wide range of Services, and Service Providers with the facility to bid on the Services requested by Customers.
We regularly review our list of permitted Services and it is at our sole and absolute discretion as to whether a Service may be listed or not. We reserve the right to add or discontinue Services at any time.
The Site is only applicable to the Maltese Islands and Services may not be offered outside this territory. All Service listings and Service Provider details shall be represented in English.
In your profile, you should reflect a clear, accurate and honest picture of your business. Include as many details as you can as well as evidence of your past work through images.
We suggest that your profile picture should contain an image of yourself or one of your employees. Statistics show that customers are more likely to select Service Providers with a profile picture that shows their smiling face, than those who upload a generic image. Identity theft is a crime, so please only use real images of yourself or a person in your company. We shall not, however, be liable for any images of your employees which are uploaded to our site without their consent.
All details provided in relation to you and your Service/s must be honest, true and correct, including details of skills, experience and qualifications. We reserve the right to check or request verification of any qualifications, licences or memberships you may claim to have, however we are not obliged to do so. You may not misrepresent yourself or your Services, nor may you include fraudulent or illegal information.
We will receive Requests for required Services (‘Request/s’) from Customers through the Site. These Requests will be matched to a selection of Service Providers that fit the relevant criteria.
In submitting their Requests, Customers will be asked to provide a detailed description of their requirements and may include photographs and plans where necessary, in order to ensure that the Service Provider has enough information to bid on the Customer Request.
On receipt of a Request, the Service Provider shall assess the information provided, decide whether to bid on the job and, if in the affirmative, proceed to prepare the bid via our website, including a cost estimate and any invoice terms relative to the Service offered.
Bids from Service Providers will be sent directly to the Customer via email notification and will appear in the Customer’s ‘dashboard’ on Site. Once a bid has been submitted, you can use the Site’s messaging system to communicate with the Customer. You will receive an email notification should you receive any messages from the Customer in relation to your bid. From time to time, chooseabid.com may, at our sole discretion, review Service Provider bids and if necessary, demand more information to be added to the bid.
If the information provided in the Request is not sufficient or an onsite visit or direct contact is required in order to supply a more accurate quote for the job, you may contact [email protected] to request further details or to release the customer’s contact details. If by mutual agreement, chooseabid.com releases the customer’s details, you are expected to schedule an appointment and meet the Customer in order to identify the work required and are thereafter obliged to give your quote directly through the website. In instances where the client requires a daily, weekly or monthly service, chooseabid.com will invoice you for your services monthly, at the same rate of 10%, unless otherwise stipulated in a separate contract between the service provider and chooseabid.com. You are bound to inform chooseabid.com once the works between you and the client cease. Both Service Providers and Customers may not request or seek to contact each other directly or in any way engage with each other directly for the provision of services whilst bypassing chooseabid.com, upon seeing the request, following the bid or at any stage of the transaction.
You are to be clear about how you price your work and do not bid on jobs you are not appropriately competent, skilled, qualified or available to carry out. Your bid should be a reasonable estimate of the cost of the work to be carried out based on the information provided in the Request.
The Customer shall be at liberty to select and proceed with any bid received at its sole and absolute discretion.
Once the Customer receives your offer, they may get in touch with you directly, via our website. We have no control over whether the Customer contacts you or not, nor are we responsible for the number of responses you receive.
CONCLUSION OF CONTRACT
Should a Customer agree to engage you following acceptance of your bid, we will charge you a service fee of 10% against the value of your total bid. The same value of the Site’s service fee, will be paid by the Customer as a deposit to secure your bid through the chooseabid.com secure payment gateway. This deposit will be withheld by chooseabid.com as the service fee, and the remaining balance of 90% as displayed by the Site on your bid’s invoice summary, will be paid by the Customer directly to you upon completion of the service, or in accordance with your specific invoice terms.
A minimum charge of €1.50 applies for every service bought through the Site.
Any agreement or contract for the provision of the Service will be between you and the Customer only. We will not be responsible for, or a party to, any agreement between you and the Customer, nor are we bound by any of the terms of such an agreement.
We do not get involved in any aspect of the payment process between the Customer and the Service Provider, and any transfer of money shall be arranged directly between you and the Customer.
CUSTOMER MATERIALS AND INFORMATION
You may only use Requests received from Customers and any other information or materials provided by Customers (including personal information of the Customer and images) (‘Customer Materials’) for the sole purpose of assessing the Request and preparing the relative offer. You will keep such Customer Materials confidential and secure from third party access at all times. You shall remain responsible at all times for any unauthorised and/or illegal use of Customer Materials.
Following completion of works, the Customer will be prompted to leave a review of the service you provided. All reviews will be vetted and may take up to 24 hours to be released on site, however we are not involved in the reviews left by customers and cannot be held responsible for negative or unfavourable reviews. Reviews using derogatory language will not be permitted.
SERVICE PROVIDER CONTENT
The content you submit to or through the Site (‘Service Provider Content’), including material contained in your profile or comments you post on the Site, must comply with the standards set out in this Section. Service Provider Content must be relevant, accurate and in compliance with applicable law.
Service Provider Content may not:
be unlawful in any way;
infringe any intellectual property right or other right of any other person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
contain fraudulent information;
offer Services that are illegal under Maltese law;
contain any hyperlink to any page of an internet site that resides behind a ‘paywall’ or other login screen or any ‘deep link’ where ‘deep-linking’ (except to the Site’s home page) is prohibited by the site operator;
contain any material which is defamatory of any person or entity;
be or be likely to be misleading or deceptive;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
contain any material which is obscene, offensive, hateful or inflammatory;
be menacing, threatening, abusive or invasive of another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
contain or promote sexually explicit material;
promote violence or aggression;
promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
disrupt the normal flow of dialogue with an excessive amount of Service Provider Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
be posted by a third-party agent, service or intermediary that offers to post content on behalf of others without express permission from us; or
give the impression that it emanates from us, if this is not the case.
By using the Site, you acknowledge that it is your responsibility to ensure that you have the right to submit all and any Service Provider Content you submit to or through the Site, and that you do not submit any content which is in breach of the standards set out above.
We will take down, edit or modify any objectionable Service Provider Content, and reserve the right to do so with or without notifying the Service Provider. However, given that we do not screen or moderate all Service Provider Content, with the exception of certain information as detailed in these Terms, such as Profile information or Reviews, you acknowledge that you may be exposed to content that you may find objectionable or offensive, including negative feedback.
To make changes to your Service Provider Content you can contact us at [email protected]
You further acknowledge and agree that we may use your business logo and content from your company website or that which you upload to chooseabid.com, in order to promote your services.
DISPUTES BETWEEN OR AMONG USERS
chooseabid.com urges users to resolve disputes independently and is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
It is the sole responsibility of the Service Provider to collect the outstanding payment from the Customer upon completion of service or as per the Invoice Terms set out by the Service Provider in the Bid Summary. chooseabid.com shall not be held responsible for the collection of such payments.
Should you require further support, please write to [email protected] quoting the Bid Confirmation reference number in the subject line.
By using the Site you agree to unconditionally and irrevocably indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:
any Service you provide (or fail to provide);
any Service Provider Content (including your Profile and any feedback) you submit to or through the Site;
any use of Customer Materials;
any use you make of the Site.
This indemnity will survive termination or closure of your account for whatever reason.
You may request us to terminate your account at any time.
We reserve the right, at our discretion, to terminate your account immediately when we believe this is reasonably necessary, for instance following a breach of these Terms. All access to the Site will be suspended without prior notice.
We will not be liable to you or any third party for the termination of your account. All provisions of these Terms which are intended to have effect or to bind either party following any expiry or termination hereof, shall survive expiry or termination of these Terms to the extent permissible by law.
The object of the Site is to provide an online platform to enable Service Providers and Customers to connect with each other directly.
Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Service Providers and Customers.
You agree that your use of the Site and provision of Services is entirely at your own risk. No representations are made by us regarding the Customers who may receive your bid, the number of times your bid will be sent to Customers or the number of jobs you will secure. You are to make your own assessment when deciding whether or not to provide a Service to a particular Customer. We do not endorse any content submitted by Customers or any opinion, reliability or ability to pay expressed by the Customers and we expressly disclaim any and all liability in connection with the foregoing.
Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our gross negligence or for fraud or fraudulent misrepresentation or any other liability that under Maltese law may not be limited or excluded.
Subject to the immediately preceding paragraph, in no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
Your rights and obligations under these Terms may not be transferred or assigned, whether in whole or in part. Failure to enforce our rights under these Terms shall not result in a waiver of our rights. Should any of these Terms be found to be invalid or unenforceable, all other provisions shall be unaffected. These Terms do not purport or intend to create any agency, partnership, joint venture, franchiser-franchisee, or employer-employee relationship. All and any headings used shall be for reference purposes only and shall in no way define, limit, construe or describe the scope or extent of any Section. These Terms and any document expressly referred to in them shall represent the entire agreement between us.
All confidential information obtained in relation to these Terms, the Site or its use shall remain confidential. Confidential information may only be disclosed to your professional advisors, employees, officers, subcontractors and agents, and only where (i) disclosure is necessary for the purpose of exercising and performing rights and obligations under these Terms, (ii) they have been informed of the confidential nature of the disclosed information and (iii) they agree to comply with the confidentiality requirements of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are construed in accordance with and governed exclusively by Maltese law. Any dispute, claim or controversy that arises between you and us in connection with these Terms or the Site shall be settled exclusively by the Courts of Malta. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
© chooseabid.com 2018