Terms of Use Agreement | ServisKEY Terms of Use Agreement

Agreement effective as of: June 17, 2010
Last modified: March 7, 2013
  The terms and conditions set forth on this document (including Privacy Policy) constitute a legally-binding agreement between ServisKEY Network, Inc., ("ServisKEY"), and you. This agreement contains provisions that define your limits, legal rights and obligations with respect to your use of the ServisKEY website, including all content and functions available through the primary domain ("www.serviskey.net") and any/all sub-domains operated/owned by ServisKEY (collectively referred to herein as the "Website"), and the online interaction and transactions between users offering services and/or goods ("Supplier"), and users obtaining those services/goods ("Consumer"), (collectively, the "User"). For the purposes of the agreement, ("Project") refers to an online posting of any new construction, renovation, or service maintenance requirement for Consumer owned or managed property.
  This Agreement may be amended at any time by posting a revised version on the ServisKEY web site.
USE
OF
SERVICES
This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. While using the ServisKEY web site you will not:
  • violate any laws, third party rights or ServisKEY policies;
  • use this site or services if you are not able to form legally binding contracts;
  • interfere with other Users' submissions and/or responses;
  • post false, inaccurate, misleading, defamatory, or libelous content (including project requests, project responses, feedback, service profiles, project documents & images, and other related media and postings);
  • take any action that may negatively impact the reliability and credibility of the Feedback and Rating system;
  • transfer your account to another party;
  • distribute or post spam or bulk email;
  • distribute viruses or any other technologies that may harm ServisKEY or any if its Users.
YOUR FAILURE TO COMPLY WITH THE ABOVE, OR ANY OTHER PARTS OF THIS AGREEMENT, MAY RESULT IN THE SUSPENSION OF YOUR ACCOUNT, A PERMANENT BAN FROM THIS SITE, AND FURTHER LEGAL ACTION AS DEEMED NECESSARY.
ACCESS
PRIVILEDGES
ServisKEY may, in its sole discretion, and at any time, suspend your account or suspend your access to and use of this web site and services, in the event it determines that you have breached this User Agreement or have otherwise acted inconsistently with the letter or spirit of this User Agreement. Any reinstatement of your account and access privileges shall be in ServisKEY's sole discretion and subject to such conditions or additional requirements as ServisKEY may determine.
PAYMENT
& FEES
PAYMENT FOR, AND USE OF, PREMIUM (FEE-BASED) SERVICES ON THIS WEB SITE IS OPTIONAL, WITH NO IMPACT ON USER ACCESS TO NON-PREMIUM (FREE) SERVICES.

It is the policy of ServisKEY not to issue invoices, or similar requests for payment, for services already used. If participating in optional premium services it is your responsibility to maintain a balance in your account to allow you timely access to services for which fees apply.
ServisKEY accepts credit card payments for premium services provided to Users of this web site. We use a certified payment gateway and processing methods that meet or exceed current requirements for online merchants as set out by VISA and MasterCard. For your protection we do not retain credit card information after completion of a transaction.

Each project submission or project response for which a fee is charged is deemed to be an authorization to debit predetermined sums from your account representing service fees, charges, and applicable taxes. All such transactions, including applicable fees and rates, will display on the User's account "activity" screen. You are responsible for all charges, fees and taxes incurred by you. You are responsible for notifying ServisKEY of any incorrect charges within thirty (30) days of receiving a statement or receipt from ServisKEY. After any such thirty (30) day period, you shall forfeit any recourse to ServisKEY to claim a credit.
PROMOTIONS Each individual User is entitled to one promotional account credit (when offered) per type of account created, Consumer or Supplier. Any attempts to re-create duplicate accounts and earn additional promotional credits will result in all / any accounts for that User being suspended. All fees, offers and discounts displayed on or through the web site may change over time. ServisKEY reserves the right to implement these changes at its sole discretion and will provide posted notice on its web site of any intended changes a minimum of 30 days prior to implementation.
REFUND
POLICY
ServisKEY will provide refunds to accounts with credit balances upon receipt of written request by the authorized account User wishing to close their account, and terminate their online access and/or profile. Refund requests will not be considered until at least 60 days has transpired from the User's last credit card transaction on this web site. Refund amount will comprise of User's account balance at time of refund processing, less a 20% (or minimum $50) administration fee. Refunds will NOT be issued for individual Consumer or Supplier accounts with balances under $50, or combined Consumer/Supplier accounts with balances under $80. Promotional amounts credited by ServisKEY will be deducted at time of refund.
FEES PAID FOR SERVICES ALREADY PROVIDED THROUGH THE USE OF THIS WEB SITE ARE NON-REFUNDABLE.
DISCLAIMER
OF
WARRANTIES
ServisKEY is a communication medium designed to facilitate the interaction of Consumer and Supplier. ServisKEY DOES NOT PRE-SCREEN CONSUMERS OR WARRANTY ANY SUPPLIERS ON ITS WEB SITE. Industry standard systems and practices are applied to secure the basic identity of subscribed Users including but not limited to:
  • Email verification
  • User I.P. location
  • Automated licensing verification
  • Physical address
  • Credit card information (when provided)
Suppliers may or may not post their qualifications online, it is up to the Consumer to verify the validity and accuracy of such information, and to identify any licensing, insurance, union, or other local and regulatory requirements. ServisKEY will apply a best effort approach to filter and include only suppliers with accurate and valid licensing and/or business credentials in search results for area and service category combinations where such licensing and credentials may be required.

Under no circumstances shall ServisKEY, or their respective affiliates, agents, employees, directors and officers be liable for any ordinary, direct, consequential, incidental, special, punitive or exemplary damages arising out of any of the foregoing, even if ServisKEY, or their respective agents and representatives, have been apprised of the likelihood of such damages occurring.
IT IS UP TO THE USERS INVOLVED ON A COMMON PROJECT TO VERIFY THE ACCURACY AND LEGITIMACY OF THE INFORMATION POSTED OR ADVERTISED BY EITHER PARTY.
ServisKEY requests and enforces all Users post accurate information and required credentials, and provides a set of tools for other users to verify posted information, including external third party verification.
DISPUTES Resolution of disputes arising between parties interacting on this web site, including but not limited to fail to fulfill contract, fail to pay, fraud, falsifying information, are up to local authorities having jurisdiction on such issues.
CONTRACTUAL AGREEMENTS, LOCAL LICENSING REQUIREMENTS , BONDING AND LIABILITY INSURANCE VERIFICATION INCLUDING RECORD KEEPING AND MAINTENANCE OF SUCH ITEMS, ARE ALL OUTSIDE THE SCOPE OF SERVICES THIS WEB SITE PROVIDES.
COPYRIGHT Unless you have a written agreement in effect with ServisKEY which states otherwise, you may only provide a hypertext link to "www.serviskey.net" on another web site, provided that:
  • the link must be a ServisKEY image logo as provided on this web site, or text-only link clearly marked "ServisKEY Network" or "ServisKEY";
  • the link must "point" to a designated landing page and not to child pages within the web site unless the link is part of the supplier web link service in which case the link may point directly to your online profile as provided within your account settings;
  • the appearance, position and other aspects of the link may not be such as to damage or dilute the representation associated with ServisKEY's name and trademarks;
  • the link, when activated by a user, must display the ServisKEY site full-screen and not within a "frame" on the linked web site, and;
  • ServisKEY reserves the right to revoke its consent to the link at any time in its sole discretion.
ALLOWANCES AND EXEMPTIONS TO THE ABOVE MAY BE MADE WITHIN THE PARTNER PROGRAM FRAMEWORK.
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