Terms of Use

SupplyorDemand.com Terms of Use

1. ELIGIBILITY REQUIREMENTS
SupplyorDemand.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of SupplyorDemands's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us. Privacy Statement.

2. USERS
The terms You, Your, User, Programmer, Freelancer/Worker/Provider/Supplier, Subcontactor , Supplier , Demandor , Hirers , Buyer , Contractor ,or Users refer to anyone accessing our Services or Site for any reason.

3. USER CONTENT
The User is solely responsible for content or any other information the User provides to SupplyorDemand.com. User understands and agrees to the following:

4. REMOVAL FROM NETWORK
SupplyorDemand.com reserves the right to terminate the participation of any member, user, 3rd parties, affiliates, or site without reason but expressly including any member site that SupplyorDemand.com judges to be in violation of the Terms and Conditions. SupplyorDemand.com may terminate the participation of a user, 3rd parties, or affiliates if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Privacy Statement.

5. AFFILIATE COMMISSIONS
The affiliate commission paid out will be the one listed on the Affiliates page (http://www.SupplyorDemand.com/affiliates.shtml). If the commission rate is changed, it will only affect referrals made after the new commission was announced. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other SupplyorDemand.com user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment.

6. PAYMENTS FROM ESCROW
SupplyorDemand.com will typically make payments/withdrawals if the member requests it AND their account balance is equal to or greater than $30. All amounts are stated in and all payments will be made in US funds. We verify all deposits and might ask you to verify yours; If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account. New members cannot withdraw funds within 30 days of their first project payment. SupplyorDemand.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your SupplyorDemand.com account or face account termination. SupplyorDemand.com cannot be held liable for deposits reversed without its authorization due to reasons, including, but not limited to, fraud, chargebacks or complaints. NLeader LLC reserves the right to earn interest from its service provider banks or others arising from the processing of payments. NLeader LLC is prohibited by law from paying interest to members in respect of any balance held in member's account. SupplyorDemand.com may request proof of programming services performed at any time before authorizing a withdrawal of funds received for that project.

As previously stated, any member site that SupplyorDemand.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

7. ESCROW
SupplyorDemand.com provides escrow as a free, bonus, and automated service only as a tool to help members transact more securely. We do not act as an arbitrator between parties, should a dispute arise, except in limited situations. Financial disputes should be resolved between members, or via another third party, and without SupplyorDemand.com whenever possible. We do, however, reserve the right to cancel an escrow payment, at any time, if we believe we are left with no other option. We also reserve the right to complete an escrow payment if no response is received from the payer, after repeated attempts at contact, for 30 continuous days.
SupplyorDemand.com does not operate an escrow service. SupplyorDemand.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a Freelancer/Worker/Provider/Supplier. At your request, SupplyorDemand.com will accept an advance payment from a Hirer for a project, request, or gig. We will hold such funds until the Hirer or Purchaser and the Freelancer/Worker/Provider/Supplier agree that the funds should be released to the Freelancer/Worker/Provider/Supplier or until the Hirer/Purchaser and the Freelancer/Worker/Provider/Supplier have concluded the process of the Dispute Resolution Services (as defined below) Once a Hirer instructs SupplyorDemand.com to pay a Freelancer/Worker/Provider/Supplier that performed a service for him/her, the Hirer acknowledges that the Freelancer/Worker/Provider/Supplier has completed the service fully and satisfactory.


8. DISPUTES
Members may not file a complaint with one of our payment processors, including PayPal or 2checkout, regarding the funds deposited into their account. SupplyorDemand.com staff will do its best to resolve any problem a member may have. Refunds will be processed, if deemed necessary, at a time of SupplyorDemand.com staff's choosing. Due to the incompatible communication systems between our payment processors and SupplyorDemand.com staff members, payment disputes logged directly with those processors cannot be properly managed and will cause further delays. Due to this, members who make a complaint to our payment processor will face account termination without notice. SupplyorDemand.com makes available a project dispute system that may be used by members to request mediation by staff. SupplyorDemand.com reserves the right to use its own discretion to make decisions in favor of a party and considers its decision final. A fee may be charged to reopen closed dispute cases. Dispute and cancellation cases may not be opened more than 30 days after the project's closing date or delivery date, whichever is later. Escrow payments will not be completed by SupplyorDemand.com if the programmer fails to open a case within this 30 day time period. SupplyorDemand.com does not offer any form of insurance or other Hirer or Freelancer/Worker/Provider/Supplier protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Freelancer/Worker/Provider/Suppliers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site. Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.

9. CHARGEBACKS
You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Hirers through the Site are your responsibility and you will not hold SupplyorDemand.com liable for such. You agree that SupplyorDemand.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, SupplyorDemand.com assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.

10. INSUFFICENT FUNDS IN THE ACCOUNT
In the event there are no sufficient funds in your User Account to meet outstanding fees and charges, SupplyorDemand.com reserves the right to collect any amounts owing to SupplyorDemand.com by any other legal means.

11. TAXES
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by SupplyorDemand.com. These taxes will be added to fees billed to you, if applicable.

12. COPYRIGHTS
No copyright material can be posted on SupplyorDemand.com. Only posting sections of articles or scripts, as examples, will be permitted. A section being no more than 10% of the contents. This is meant to protect the author's rights. We also do not tolerate projects that are clearly requesting unauthorized reproduction of copyrighted or patented material.

13. MODIFICATIONS
SupplyorDemand.com reserves the right to change the member Terms and Conditions at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event SupplyorDemand.com offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.

14. OWNERSHIP
Members agree that all information contained on a website operated by SupplyorDemand.com, and all information compiled by SupplyorDemand.com through operation of the affiliate program, is the proprietary information of SupplyorDemand.com. Personal information provided by members to SupplyorDemand.com will be kept confidential and will not be distributed to any third party.


15. E-MAIL & WEB SITE ADDRESSES
Members agree not to post their e-mail or website address on the site, except in the e-mail field of the signup form, or when asked by SupplyorDemand.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a worker (or you are the worker chosen for) a project or request, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See Avoiding Commissions section for the reason.

16. PROVIDING CONTACT INFORMATION
You are encouraged to make direct contact with other members via social media. This includes giving out your e-mail address, instant messenger, phone number, or any other method of contact outside of this site. However, Websites or Email accounts which display or directly links to a members contact info is not permitted when posting projects, requests or bidding either via site forms or posted videos. SupplyorDemand.com provides you with a message board, which should be sufficient for pre-project planning. The only exception to this policy is on Featured or Emergency projects and requests.

17. FEES
All fees are set forth in the summary of SupplyorDemand.com.s fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
SupplyorDemand.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by SupplyorDemand.com that are accessible through the Site and to cover expenses and fees SupplyorDemand.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, when escrow feature has been used, SupplyorDemand.com transfers the remaining payment amount to the Freelancer/Worker/Provider/Supplier. Payments made outside the escrow system are not charged a fee.
SupplyorDemand.com at this time does not charge fees in relation to the posting of a project; selecting a Freelancer/Worker/Provider/Supplier; project commission fees; and other miscellaneous fees that are described on the Site.
Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.

18. AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of SupplyorDemand.com)when funds are in Escrow. This also applies to any project that was closed without a Worker/Supplier being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying SupplyorDemand.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Freelancer/Worker/Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the programmer has failed to notify SupplyorDemand.com staff of a payment received above the amount of his bid (a total payment above US$100), SupplyorDemand.com reserves the right to deduct double the fee for the amount that should have been reported. You are strictly prohibited from under-bidding on projects / requests in an attempt to renegotiate the actual price privately, avoiding fees when funds are in escrow. We aim to provide a fair and open playing field at SupplyorDemand.com, and such activities interfere with providing such a marketplace. SupplyorDemand.com charges project commissions on all funds received through the site, regardless of the final bid amount. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on SupplyorDemand.com. Penalty fees will be charged to repeat offenders of the site terms, including for the posting of contact info, for which double the fees that potentially would have been charged for a completed project will be charged to the offender. The potential project fee will be determined by SupplyorDemand.com at its discretion, and will typically incorporate the buyer's fee and the programmer's fee based on the bid. If no bid has been placed the fee may be determined based on the project budget. Penalty fees charged to an offending member may be refunded if the offender eventually participates in that project on SupplyorDemand.com on which the violation was made, and pays the regular project fees. To avoid this play by the rules or conduct money transactions without escrow in person, via mail, or other electronic outlets

19. BIDDING
Users can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to buyers too. Buyers cannot create projects that directly or indirectly require Users to place hourly or other abnormal bids. The only exception, for both buyers and Users, is when the project is featured. See featured project information at http://www.SupplyorDemand.com/index.php?name=Featured

20. POSTING PROJECTS / REQUESTS
New users are NOT limited in the number of projects they can post. In the event posts are spam or contain inappropraite material members will be deleted and banned from the site. This is meant to protect other users and prevent fraudulent activity.

21. ADVERTISING
You are prohibited from advertising your website on SupplyorDemand.com. Any URL posted in a bid, project description, or the message board, must relate to a project on SupplyorDemand.com. An example of a permissible URL: your portfolio or resume page. Members, 3rd parties, or affilliates must use the advertisment systems set up by SupplyorDemand.com. Violation of this rule will be an automatic ban from the site.

22. ACCOUNTS
An individual may not possess more than one Buyer account and one Supplyer account, unless they have contacted and received authorization from SupplyorDemand.com staff. Users found with unauthorized multiple accounts, or found to be using multiple accounts to avoid bad reviews, fees, suspensions or other limitations, will face suspension of all their accounts. It is prohibited under all circumstances to transfer ownership of an account, without authorization from SupplyorDemand.com staff. Accounts that are inactive (have no login activity) for more than 12 months will be deactivated and have their remaining funds deducted by SupplyorDemand.com.

23.AFFILIATES
Affiliates can only refer legitimately interested visitors. You understand that SupplyorDemand.com can delay payment if it believes a referral's fee payment may be reversed due to fraud or by other means. SupplyorDemand.com reserves the right to limit participation in its affiliate program as well as withhold payment of commissions due to inappropriate activity on behalf of any involved party.

24. THE ROLE OF SUPPLYORDEMAND.COM
SupplyorDemand.com functions as a venue to connect buyers, workers, programmers, and suppliers in a virtual marketplace. As a neutral facilitator, SupplyorDemand.com is not directly involved in the actual transactions between users of the Site. As a result, SupplyorDemand.com has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, SupplyorDemand.com cannot and does not confirm the identity of users. SupplyorDemand.com also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any member on the Site. You are encouraged to review our Project Guidelines before taking part in a project. If you are unsatisfied with another member, the most SupplyorDemand.com can do is refund the project commission you have been charged by us. We cannot refund the money you have sent to someone, we are not responsible for your transactions. SupplyorDemand.com is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is the receiver's responsibility to verify the identity and background of the sender.

25. LEGAL ISSUES
Members are responsible for legal issues related to the work product or process and any postings on SupplyorDemand.com. This site is governed by the laws of the State of Texas excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods . Any legal action against us shall take place in the courts of Dallas Texas. The parties attorney to the non-exclusive jurisdiction of the courts of Ontario.

26. INSURANCE
SupplyorDemand.com does not offer any form of insurance or other Hirer or Freelancer/Worker/Provider/Supplier protection which will assist you because our Site merely provides the online venue for Users to offer sell and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Freelancer/Worker/Provider/Suppliers. However some forms of payment permitted on the Site such as PayPal or credit card may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site. Because user identification on the Internet is difficult, we cannot and does not confirm each Users purported identity.

27. HIRER
The Hirer, Purchaser, Buyer agrees that
The Hirer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Hirer will not use the Hirer's Account to post false or misleading project descriptions.
The Hirer will not post project descriptions that, in the judgment and discretion of SupplyorDemand.com, are inappropriate to SupplyorDemand.com's audience, viewers, or visitors in the judgment and discretion of SupplyorDemand.com.
The Hirer agrees to pay featured project fee if project posted should have been posted as featured.
The Hirer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
The Hirer will not falsify the Hirer's own or any other identity.
The Hirer will comply with all of SupplyorDemand.com's policies as posted on the Site from time to time.

28. Freelancer/Worker/Provider/Supplier
The Freelancer/Worker/Provider/Supplier agrees that
The Freelancer will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Freelancer will not falsify Freelancer/Worker/Provider/Supplier's own or any other identity.
The Freelancer will comply with all SupplyorDemand.com policies as posted on the Site from time to time.

29. GENERAL RESTRICTIONS
Users agree that
Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of SupplyorDemand.com.
Users will not distribute unsolicited commercial messages (spam) through the User's Account.
Users will not contact employers or Freelancer/Worker/Provider/Suppliers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
Users will not ask programmers, Freelancer/Worker/Provider/Suppliers, Ect, Ect to reporduce or clone SupplyorDemand.com.

30. CONSEQUENCES OF REMOVAL FROM THE NETWORK
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from SupplyorDemand.com.
Without limiting SupplyorDemand.com's other remedies, to the extent you are in violation of this User Agreement, you must pay SupplyorDemand.com for all fees owed to us and reimburse us for all losses and costs (including any and all SupplyorDemand.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and SupplyorDemand.com agree that the damages that SupplyorDemand.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then SupplyorDemand.com may fine you up to US $3,000.00 for each such violation and/or SupplyorDemand.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US $3,000.00 is presently a reasonable pre-estimate or minimum estimate of Supplyordemand's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to SupplyorDemand.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that SupplyorDemand.comr is entitled to deduct such charges directly from any existing balance in the offending Account, or any other SupplyorDemand.com Account owned by you.
Users that are terminated by SupplyorDemand.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from SupplyorDemand.com.
In the event of termination, you will have no claim whatsoever against SupplyorDemand.com in respect of any such suspension or termination of your membership.

31. NO WARRANTY
SupplyorDemand.com is not involved in the actual transaction between Freelancer/Worker/Provider/Suppliers and Hirers. Our Services, the Site and all content on it are provided on an .as is. basis and without warranties of any kind either express or implied. Without limiting the foregoing, SupplyorDemand.com does not represent or warrant that:
That the Site will be accurate, reliable, uninterrupted, secure or error-free
defects in the Site will be corrected
The Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to SupplyorDemand.com, you will be entitled to the benefit of certain warranties under that legislation.
To the extent that SupplyorDemand.com are able to limit the remedies available under this User Agreement, SupplyorDemand.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at SupplyorDemand's sole discretion)
1. In the case of goods, any one or more of the following
a.The replacement of the goods or the supply of equivalent goods
b.The repair of the goods
c.The payment of the cost of replacing the goods or of acquiring equivalent goods or
d.The payment of the cost of having the goods repaired and
2. In the case of services
a.The supply of the services again or
b.The payment of the cost of having the services supplied again.

32. LIMITATION OF LIABILITY
A. Limitation of liability
In no event shall SupplyorDemand.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
a. Any indirect, special, incidental or consequential damages that may be incurred by you
b. Any loss of income, business or profits (whether direct or indirect) that may be incurred by you and
c. Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
The limitations on SupplyorDemand.com liability to you above shall apply whether or not SupplyorDemand.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of SupplyorDemand.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

33. B. JURSIDICTIONS LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

34. C. BAR TO ACTION
SupplyorDemand.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against SupplyorDemand.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.

35.INDEMNITY
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

36. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Texas, United States of America. You and SupplyorDemand.com irrevocably submit to the non-exclusive jurisdiction of the courts of Texas, United States of America.

37. GENERAL
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by SupplyorDemand.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of SupplyorDemand.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

If you have any questions or comments concerning our legal documentation, please use our Contact Form.


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