| Agreement Between
User and National ServisKEY Network (www.serviskey.net) This agreement was last modified on August 1, 2011. |
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This agreement covers the web site www.serviskey.net
(owned and operated by ServisKEY Network, Inc., herein referred to as "ServisKEY") and applies to
two distinct user groups applicable to the activity on this site: consumers
submitting
a project
posting (herein
referred
to as “Consumers”);
and contractors, service professionals, or distributors responding to a posted project (herein referred to as “Suppliers”). Collectively
referred to as "Users" for the purposes of this agreement. "Project" refers to any new construction, renovation, or service maintenance needs for consumer owned or managed property - a request for such services posted by a Consumer. This web site 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. This web site and its services are offered to you on condition of your full acceptance of the following terms and conditions contained in this agreement (the "User Agreement"). Your use of this web site constitutes your acceptance of all such terms and conditions in effect at such time. This User Agreement may be amended at any time by posting a revised version on the ServisKEY web site. Services Offered Consumers: ServisKEY is committed to enhancing your experience when searching for Suppliers. We make it easy for you to confidentially post your Project, big or small, on our projects portal and automatically notify and invite appropriate Suppliers to view. In most cases you will receive a response from those invited Suppliers available and eager to work on your project, and of course with the skill set and geographical area of service relevant to your Project requirements. Suppliers: ServisKEY provides Suppliers a seamless and direct method of connecting with Consumers. Email notifications are automatically transmitted whenever a new Project is posted requiring the specific skill set or services you provide, in your geographic area of service. Upon receipt of Project notifications you have the option of signing in to your Projects portal, viewing project details and responding to the ones that are of interest to you. You can respond only to those Projects you are invited for. Ratings and Reviews: ServisKEY provides a rating system which affects both Consumers and Suppliers. Both Consumer and Supplier are rated by the other for overall satisfaction, including communication, timeliness and professionalism, upon completion of every project. All interested parties on a newly submitted project, both Consumer and Supplier, will have the opportunity to view these ratings from prior projects. Your Use of ServisKEY Services You are solely responsible for ensuring that use of this web site and any services is lawful in and permitted by the laws of the jurisdiction in which you reside or have indicated as your zone/area of operation. Your right to access and use the ServisKEY web site and services is strictly conditional upon such access and use being lawful in your jurisdiction. You understand that you are solely responsible for ensuring that any content you post on the ServisKEY web site complies with all applicable laws, including this User Agreement. While using the ServisKEY web site you will not:
Account Access & Privileges 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 and Fees ServisKEY accepts credit card payments for premium services provided to Users of this web site. You will NOT be asked to provide credit card information when you register, however if you wish to continue using services past the promotional amount (when available) credited to your account at registration, you will be asked to provide credit card information. For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction. Each individual User is entitled to one promotional account credit (when available) 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. 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. All fees displayed on or through the web site are subject to change without notice, in ServisKEY’s sole discretion. ServisKEY reserves the right at any time to commence charging fees for services which are presently offered without charge and/or to increase any fees currently charged. It is the policy of ServisKEY not to issue invoices, or similar requests for payment, for services already used. It is your responsibility to maintain a balance in your account to allow you timely access to services for which fees apply. There is no obligation to fund for and participate in premium services. Use of, and funding for, these services is at the discretion of the account holder and entirely optional. Your access to all non-fee services is unaffected by participation in premium services and can continue as offered. Refund Policy ServisKEY will provide refunds to accounts upon receipt of written request in cases where User's wish to close their accounts. Refunds will be issued via check or credit card refund payable in US funds. User access will be terminated for all accounts for which a refund is provided, under the assumption that by requesting a refund the User no longer requires the services provided on this web site. 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. INDIVIDUAL SERVICE FEES PAID FOR THROUGH THE USE OF THIS WEBSITE ARE NON-REFUNDABLE. Resolution and Guarantee ServisKEY is a communication environment designed to ease and facilitate the interaction of Consumer and Supplier. ServisKEY DOES NOT PRE-SCREEN ANY USERS ON ITS WEBSITE. Industry standard systems and practices are applied to secure the basic identity of subscribed Users (i.e. email verification to activate account, IP address, etc.). 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. 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. Suppliers may or may not post their qualifications on-line, 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. 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. 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. Copyright The works of authorship contained in this world wide web site in the domain "www.serviskey.net", including but not limited to all design, text and images, are owned, unless otherwise stated, by ServisKEY, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of ServisKEY. 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:
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