Version: 20091119
The following describes the Terms and Conditions on which ITC offers you access to its website and services. In using any ITC web site, the user ("you", "your") agrees to the user agreement/ acceptance use policy below without limitation or qualification. You acknowledge that to the extent any other unwritten agreements between you and this site are inconsistent with these Terms and Conditions, they are superseded and of no force or effect. We reserve the right to modify or change these conditions at any time and for whatever reason. Please review this agreement at http://www.it-careernet.com/auction/useragreement.htm frequently.
Our services are available only to entities and individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors, that is any person under the age of 18. If you do not qualify, please do not use our services. You may use this site and the services available here during the time you are a registered user. Further, our services are not available to temporarily or indefinitely suspended ITC members.Eligibility for Membership.
General clause:
ITC may modify or terminate the services of this site from time to time for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. ITC reserves the right to modify these terms of service from time to time without notice.
Definitions:
:: Service ::
ITC Action a global market for products and services. Buyers are entities and individuals who need services including software development and programming services. Buyers post projects and receive bids from service providers, the best of which they select.
- Service provider:
The service provider is the programmer or IT professional selling the service in a transaction. Service providers bid on open auctions, i.e. projects or respond to invitations to bid on auctions. Many Providers use their profile page to describe their skills and experience, the services they offer and provide work samples in their portfolio. They can also post a notice on their availability on the Marketplace. Buyers can browse both the marketplace and the profiles and invite service provider to bid via the online email system
Services : The individual or entity specified on the provider profile has requested and, pursuant to the terms and conditions of these terms and conditions, will provide to the buyer the services specified/asked for. This agreement will apply to additional services by agreement of the parties without the necessity of signing a contract amendment.
:: Term ::
Notwithstanding anything to the contrary in this agreement, provisions which by their nature and intent should survive its expiration or termination, including, but not limited to, those relating to confidentiality, liquidated damages, software license restrictions, and risk of loss, shall so survive.
- User IDs and Passwords
You are solely responsible for keeping your user ID and Passwords secure and for preventing their unauthorized use. Should you suspect that any unauthorized person has obtained or attempted access with your user ID or Password then you shall immediately notify ITC and change your password. The user id shall be used only by you and you shall not transfer or make the user ID available to any third party.
You are solely responsible for the information and data you store or display on our sites, including any fault or error in or arising from your information.
ITC Auction is a virtual marketplace for entities, individuals, partnerships, companies ("buyers") purchasing professional services and providers of such services ("providers"). ITC is a neutral facilitator and thus not directly involved in the actual transactions between users of the site. Accordingly, ITC has no control over the truth, accuracy, quality, legality, or safety of postings made by users. ITC cannot and does not confirm the identity of users, nor verify their qualifications, background, or abilities. ITC recommends that you exercise common sense and good judgment when dealing with any user on the site.
Because ITC assists service providers in finding buyers in need of services, ITC is the official finder for each project accepted through the site and its associated buyer. ITC reserves the right to deny any party access to our websites and services for any reason whatsoever. ITC will deny access to buyers and providers who provide false or deceptive information concerning themselves, their business, qualifications, abilities, requests for proposals, or bids on proposals as outlined in these terms and conditions. ITC shall deny access to buyers and providers who provide information that, after a request for verification, cannot be verified by ITC.
You acknowledge that the Internet and related networks
may be subject to outages and breakdowns, which may not be rectified
promptly. You thus assume full responsibility for backing up your own
data.
You agree not to do any of the following while using
the site: We may modify or discontinue this site and the services
available without notice or liability to you.
Standard auction postings are FREE. The buyer can
chose to enhance auction postings for nominal fees which he can chose from the list in the
auction posting form.
ITC reserves the right to charge a subscription fee for usage of the
auction services.
Unless otherwise
stated, all fees shall be quoted in US Dollars. You are responsible for
paying all fees associated with the use of the site and shall bear all
applicable taxes, charges, duties, etc. levied thereon. If the buyer and seller agree that funds will be held
in trust by
www.escrow.com, their charges will apply in addition to our fees.
The site is only a venue for the sale/purchase to take
place. ITC is therefore not responsible for the fulfillment of the
sale/purchase in any way. Where possible, ITC will provide the buyer and
the seller with information of the other party. Placing bids is final and cannot be removed once
placed. However, you have the opportunity to improve your bid until such
time the buyer selects a bidder. If you have been selected and win an
auction, you are legally required to sell your services to the buyer for
the price you bid. Sellers are not obliged to choose providers that do not
meet their requirements. Auctions can thus close without a provider being
selected. Only when sellers accept a bid, are they legally required to
buy project work form the selected bidder. However, sellers agree not to
misuse this site by posting projects they do not intend to award to a
qualified provider ("test the market") and shall not unreasonably decline
qualified bidders. When made clear to users that they will be charged for
specific services, ITC reserves the right to bill users credit cards or
their ITC account in any currency. ITC cannot be responsible for the accuracy of the
descriptions used to identify the projects offered. Nor does ITC accept
any responsibility for, and expressly denies liability for any warranty or
description stated herein. Statements noted herein by the seller are
statements of their opinions of their project and are not to be construed
as conjoined by ITC in any implied or explicit approval, endorsement, or
guarantee. ITC is not responsible for any typographical, pictorial or
technical error. ITC is not responsible for any representations,
warranties or undertakings made by third parties on the website. Furthermore ITC cannot and does not guarantee that any transaction
completed on the site will be completed offline. ITC does not make any representation or warranties
regarding the description and attributes of projects displayed on the web
site and does not accept any liability for any errors or omissions,
whether on behalf of itself or on behalf of any third party. ITC shall not be held responsible for any inappropriate
listings or content posted by third parties and when notified of the same,
shall exercise reasonable efforts to rectify the same at the earliest. While ITC makes all reasonable efforts, it cannot
control the Information provided by other users on the ITC sites. ALSO
Basic listings are free of charge. However, you shall not circumvent ITC's fee structure -- we only charge a mendial fee if you choose enhancements for your listing and/or wish to feature or premier your auction -- in any manner whatsoever, whether directly or indirectly, by offer, attempt to offer, trade or attempt to trade in any project or service, and such dealing is prohibited and/or restricted by this agreement and under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
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No URL, email, address, phone, fax or any other details that would enable a user of this site to contact you outside this site is permitted to be posted on any part of this website other than on the user registration page.
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No communications between auctioneers and bidders is permitted outside this site, which would undermine the fairness of the bid and project posting process.
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Once a service provider has completed a project for a project owner initiated by use of this website no direct communication between these parties about further project work is permitted outside this website.
You can test the bidding process at auctions clearly marked for this purpose, see the category: ***T e s t ** b i d d i n g ** p r o c e s s
. Do not to test the bidding process with false bids, as it will put you at substantial personal legal risk. It is a crime to willfully use a false name, other false personal information or an invalid credit card to bid and may result in prosecution by ITC. Even if you do not reveal your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
ITC does not and cannot review the information posted by users and is not responsible for such content. Notwithstanding, ITC reserves the rights to delete, move or edit any content that it may determine, at its sole discretion, violates this agreement or is otherwise unacceptable. Users shall remain solely responsible for all content they post. ITC shall have the right, however no obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
ITC does not represent or endorse the accuracy or reliability of any information posted to this site and you acknowledge that any reliance upon such content shall be at your sole risk. Any information posted to any interactive area by users are the views of the user posting the statement, and do not represent the views of ITC
You can subscribe to or unsubscribe from our mailing lists "Auction Information" and "General Site or Membership Information
" directly from your membership account page. We do not "spam" our users and limit notices to the minimum.We provide notices by posting them on the site and you agree to check the site for notices. Regardless of whether you receive an email notification from us, you will be considered to have received a notice when it is made available to you by posting them to the site.
You agree to comply with all applicable laws, rules and regulations. You further agree not to:
- restrict or inhibit any other user or member from using this site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of this site;
- use this site for any unlawful purpose;
- without ITC 's prior written consent, express or imply that any statements you make are endorsed by ITC;
- transmit or post any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on ITC 's, or any third party's, intellectual property and/or other rights;
- transmit or post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication;
- submit incorrect or misleading information;
- transmit any software or files that contain any virus, worm, time bomb, trojan horse, or other harmful or disruptive component;
- copy, modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of this site;
- remove any copyright, trademark, or other proprietary rights notices contained in this site;
- "mirror" or "frame" any part of this site without ITC 's prior written authorization; and
- extract, harvest or collect information about this site's visitors without their express consent in writing and respective notification of ITC in writing.
Violations
of system or network security may result in civil and/or criminal liability. ITC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.- Confidentiality
The terms "confidential information" or "proprietary information" mean any valuable business or technical information that any user, buyer, or provider within the ITC exchange ("users") obtains directly or indirectly from the other. Not covered by said terms is information that is generally available to the public and available to any user, buyer, or provider prior to disclosure. However, the party which discloses such information shall have the burden of proof that such information was known to it prior to disclosure or that the information was generally available to it or the general public by a party not obligated to the disclosing party.
Except as may be provided in any future written agreement that may be entered into between the parties, all users, buyers, and providers agree that:
- users shall hold all confidential or proprietary information of other users in trust and confidence and shall take all such precautions as may be reasonably necessary to prevent the disclosure of any confidential or proprietary information to any third party. Users further agree not to use any confidential or proprietary information for their own benefit or for the benefit of any third party and not to apply any confidential or proprietary information against the interest of other users.
- To the extent each user has not already done so, each user must require its employees, agents, and associates to be bound in the same manner as it is bound;
- No user shall disclose any confidential or proprietary information to any of its employees unless
- Such employee is bound by a confidentiality agreement with his employer on comparable terms as set forth in this agreement, or
- such employee agrees, in writing, to be bound by the terms of this agreement;
- No user shall disclose any confidential or proprietary information to any third party, including advisors or agents acting on its behalf;
- Without the prior, express, written permission of the user disclosing the information.
- Unless the third party executes and agrees to be bound by the terms of this agreement; and, if requested, either user shall provide a list of all its advisors and agents who will have, or who have had, access to confidential or proprietary information.
- Users agree that they will be jointly and severally liable to users harmed by the omissions and commissions of any third party to whom confidential or proprietary information was disclosed;
- Users shall not make or retain copies of confidential or proprietary information without the express, written permission of the user disclosing such confidential or proprietary information.
- This confidentiality clause shall commence with the execution of this agreement and survive same for a period of two years following a termination or expiration of this agreement.
This agreement shall not serve:
- To grant or to convey to the other party any right or license to use confidential or proprietary information or invention of the disclosing party, whether or not patentable or copyrightable;
- To grant the right to disclose said information to any third party except as provided under this agreement;
- To utilize an invention, patent or copyright relating to the confidential or proprietary information other than provided under this agreement; or
- To place either party under any obligation to enter into any further agreement.
- Privacy statement
ITC records user's countries, web access dates and times, types of computer, browsers, operating systems, domains, and/or IP addresses, tools include "cookies", for statistical and security purposes. ITC does not share any personal identifiable information with third parties without user's consent, unless legally required to do so by court order, search warrant, statute, subpoena, or, if in ITC's sole judgment, a user has violated code of conduct set forth herein. By using this site, you consent to the collection and use of your information as ITC has outlined herein.
Without limiting ITC's other remedies, ITC may issue a warning, temporarily suspend, indefinitely suspend or terminate user's membership and refuse to provide any services to user (a) if user breaches any terms and conditions as stipulated herein, including ITC's written policies and procedures posted on ITC's site; (b) if ITC is unable to verify or authenticate any information user provides; or (c) if ITC believes that user's actions may cause a legal liability for user, ITC's other users or for ITC. Violations of the terms and conditions will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions, as defined below.
You agree to indemnify, defend and hold ITC and its affiliates, its and and their respective officers, directors, owners, agents, information providers and licensors (individually referred to "indemnified party", collectively, as "ITC parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any ITC party in connection with any use or alleged use of the service under your password by any person, whether or not authorized by you. ITC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ITC's defense of such claim. Everything on this site is provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing, trade usage or practice. In addition, the materials contained in this site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. ITC may make improvements and/or changes in this site, and any product(s), technical specifications, and product promotions described in this site at any time and without notice. ITC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing within this site, or your downloading of any materials, data, text, images, video, or audio from this site. In no event shall ITC be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if ITC has been informed of the possibility thereof. ITC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in this site. ITC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ITC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through this site. You also agree to defend, indemnify and hold harmless ITC, its officers, directors, employees and agents from and against any and all losses, damages, and costs incurred by an indemnified party as a result of any action, claim, suit or other proceeding brought by a third party against such indemnified party in connection with your use of the payment service or any payment obligations incurred through use of the site.
ITC is not responsible for the content of sites linked to on the ITC Auction site and shall not, in any way, be liable for whatever liabilities or damages any user may incur through such sites.
In no event and under no circumstances and under no legal theory, tort, contract, or otherwise, shall ITC be liable to you or any other party for any indirect, special, punitive, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, loss of potential revenues, loss of business opportunities, profits, business interruption, work stoppage, computer failure, loss of programs or information or malfunction, or any and all other commercial damages or losses or any other damages arising in any way out of the availability, use, reliance on ITC's applications or inability to use the same. In no event shall ITC be liable for any damages, even if ITC has been informed or shall have been informed or advised of the possibility of such damages, or for any claim by any third party and regardless of the type of action, whether in contract, tort, or otherwise; or for any claim attributable to errors, omissions, or other dysfunction in, or destructive properties of any information. The limitations of liability and disclaimers herein shall apply regardless of the type of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches of contract or the failure of the essential purpose of this agreement or of an exclusive remedy.
If any dispute arises between you and ITC during your use of the site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by ITC .
The place of arbitration shall be Greenwich, CT, USA. The arbitration proceeding shall be governed by the American Arbitriation Association. The Arbitration proceedings shall be in the English language.
These terms and conditions shall be governed and construed in accordance with the Laws of Connecticut. The courts in Stamford, CT, and New York shall have exclusive jurisdiction relating to any proceedings arising out of this agreement.
Provisions entitled "indemnity," "limitation of liability," and other provisions shall survive a termination or cancellation of this agreement.
Title, ownership rights, and intellectual property rights in ITC's software shall remain with ITC. ITC's software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through ITC is the property of the applicable content owner and is protected by applicable law.
Except as explicitly stated otherwise, any notices shall be given by electronic mail to <auction[at]it-careernet.com> (in the case of ITC) or to the email address that you provide to ITC during the registration process (in your case). Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, you and we may give you notice by certified mail, postage prepaid and return receipt requested, to ITC at
219 Valley Road
Greenwich, CT 06807
USA
and to you at the address you provided to ITC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
You and ITC shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of services.
The above terms and conditions apply to your use of any part of the ITC website each time that you use it and it is understood:
- That you have read, understand, and agree to abide by this agreement and the documents it incorporates by reference;
- You intend to form a legally binding contract; and
- A print out of the agreement and the documents it incorporates by reference will constitute "in writing" under any applicable law or regulation.
- Miscellaneous
This acceptance use policy/ use agreement shall be governed by and construed in accordance with the laws of Connecticut without regard to conflict of laws principles. These terms, as amended from time to time, set forth the entire understanding between you and ITC and supersede any and all prior or contemporaneous agreements or understandings between you and ITC , whether oral or written, as to the subject matter of these terms. If any provision of these terms or the application thereof to any person or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. Although you acknowledge that ITC will have the ability to enforce its rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut and New York, USA, regarding any and all disputes relating to these terms, your use of the site or any ITC site, and the services offered therein. No waiver of these terms shall be valid, except if that waiver is in writing and signed by an officer of ITC who is duly authorized sign such waiver. If the performance by ITC of the terms or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of ITC, you shall excuse, without further action or notice, ITC 's performance to the extent of such prevention, restriction or interference.
Any reference made in this acceptance of use policy/ use agreement to ITC shall be deemed to have been made to ITC , its subsidiaries, successors, assignees, affiliates as well as any company that controls ITC, directly or indirectly, and any other subsidiary of that controlling company.
You agree that this use policy/agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this use policy/agreement. You also understand and agree that the ITC terms of service are not intended to confer, and do not confer, any rights or remedies upon any person other than ITC. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You can direct any questions concerning these terms to:
ITC - USA
Tel 1 978 287 4855
auction[at]it-careernet.com
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