Last Updated May 7 2009

BACKGROUND:

This agreement applies as between you, the User of this Web Site and ServiceBazaar Ltd, the owner(s) of this Web Site. Your agreement to comply with and be legally bound by these Terms and Conditions and any additional terms referenced by additional links in this document is deemed to occur upon your registration and first use of the Web Site. You should read through all of the terms and conditions carefully and proceed only if you agree. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

2. Age Restrictions

This website is only for use of persons at or above the age of 13

3. Business Customers

These Terms and Conditions also apply to customers buying Services in the course of business.

4. International Customers

If Services are being ordered from outside ServiceBazaar Ltd's country of residence, additional duties and taxes may be incurred or not applicable. ServiceBazaar Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures if you are not sure. If you purchase any Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.

5. Intellectual Property

Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ServiceBazaar Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ServiceBazaar Ltd.

Material uploaded for the purposes of Request for Proposal remain the intellectual property of the individual owners.

6. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of ServiceBazaar Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.servicebazaar.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of ServiceBazaar Ltd. To find out more please contact us by email at webmaster@servicebazaar.com or by post or telephone at out address indicated.

9. Use of ServiceBazaar Website Services and Communications Facilities

9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful, or infringes on the copyright, trade mark or rights of other parties, or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees and representatives of ServiceBazaar Ltd or our affiliates;

9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.1.8 If you register as a service provider as a business entity you must have the authority to legally do so.

9.1.9 You will not attempt to manipulate listings on ServiceBazaar in any manner

9.1.10 You will pay all due fees owed to ServiceBazaar

9.1.11 You will not post, list or upload false, misleading or defamatory information about any provider you may be rating

9.1.12 You must keep your ServiceBazaar account and password details safe and must not transfer your ID to another party without our consent;

9.1.13 You will not copy any of ServiceBazaar's copyrighted works or trademarks.

9.1.14 You acknowledge that ServiceBazaar Ltd reserves the right to monitor any and all communications made to us or using our System.

10. Provision of Services on Website

ServiceBazaar provides a platform which allows buyers to define and source services and for Service Providers to look for potential sales opportunities and engage for potential approval. ServiceBazaar does not source or provide any potential services or products. It is up to the buyer to ensure the service provider clearly understands their requirements and for the service provider to ensure they are capable of providing the services they bid on.

11. Posting project or service requirements

11.1 Post your service needs as clearly as possible identifying required deliverables and timeframe. If you have a budget in mind you may indicate as such. Clear information leads to better estimates for your requirements as well as less additional communication follow up.

11.2 Ensure you have clear criteria against which you can evaluate the different proposals against criteria important to you such as the providers previous work experience, cost, location, and feedback from prior Buyers.

11.3 Accept proposals for work only when you are happy and clear about what exactly will be delivered, when, how much it will cost and how you will be required to pay for it.

11.4 Ensure you have agreed timelines for your projects and payment terms.

11.5 Confirm contact details for service providers you approve.

11.6 After the project is completed, leave objective, balanced ratings and feedback.

11.7 If the Service Provider does not complete the project, leave objective, balanced ratings and feedback.

12. Accounts

12.1 In order to purchase Services on this Web Site and to use the forums, chat and feedback facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

12.1.1 all information you submit is accurate and truthful;

12.1.2 you have permission to submit Payment Information where permission may be required; and

12.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation.

12.2 It is recommended that you do not share your Account details, particularly your username and password. ServiceBazaar Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

12.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact ServiceBazaar Ltd at accounts@servicebazaar.com immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised use of your account details prior to your notifying us of the unauthorised nature of the purchase, ServiceBazaar Ltd accepts no liability or responsibility.

12.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account .

13. Termination and Cancellation

13.1 Either ServiceBazaar Ltd or you may terminate your Account. If ServiceBazaar Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

13.2 If ServiceBazaar Ltd terminates your Account, any current or pending purchases on your Account will be cancelled.

13.3 ServiceBazaar Ltd reserves the right to cancel purchases of services without stating reasons, for any reason prior to processing payment.

13.4 If purchases are cancelled for any reason prior to your use, you will be refunded any monies paid in relation to those purchases.

13.5 If you terminate your Account any non-dispatched purchases of services, they will be cancelled and you will be refunded any monies paid in relation to those purchases.

14. Privacy

Use of the Web Site is also governed by our privacy policy found here http://www.servicebazaar.com/main.php?cmd=privacy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

15. Disclaimers

15.1 ServiceBazaar Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

16. Changes to the Service and these Terms and Conditions

ServiceBazaar Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If ServiceBazaar Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

ServiceBazaar Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

18.1 To the maximum extent permitted by law, ServiceBazaar Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and it's Content at their own risk.

18.2 Nothing in these Terms and Conditions excludes or restricts ServiceBazaar Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of ServiceBazaar Ltd.

18.3 Nothing in these Terms and Conditions excludes or restricts ServiceBazaar Ltd's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customer_service@servicebazaar.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

These terms and conditions and the relationship between you and ServiceBazaar Ltd shall be governed by and construed in accordance with the Law of England and Wales and ServiceBazaar Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.