| RapidLance Help: Rules and
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| RapidLance RULES AND POLICIES |
| Terms and Conditions of Use | Back to Index |
Updated: March 27, 2003. | |
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When you ("You" or "User") use this Internet
web site (or any co-branded versions of this web site) ("Site"), You agree
to the following terms and conditions (the "Use Agreement"). RapidLance, Inc.
("RapidLance" or "We") may revise these terms from time to time, at our sole
discretion, by updating this posting. Unless otherwise provided below, the
revised terms will take effect when they are posted. BY CONTINUING TO USE
THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE
AGREEMENT AND ALL REVISIONS THEREOF.
Buying and Selling Services on RapidLance You agree to:(a) be financially responsible for Your use of RapidLance and purchase of services; (b) abide by RapidLance's guidelines on posting projects and bidding on projects, which may be updated from time to time; and (c) perform your obligations and complete the transaction as specified by the terms of your the posted project and or your bid or Business Terms agreement, whichever is more recent, once you have selected a service provider or and the service provider has accepted a project, respectively, unless such transaction is prohibited by law or by this Agreement. Specifically, upon acceptance of a bid, the buyer agrees to purchase the services and the service provider agrees to provide the services according to the terms of the final bid or Business Terms agreed to by the parties, subject to any further increase or decrease in project scope. If the scope of the project increases beyond the final bid price after the project begins, the parties are bound to report that higher amount through the RapidLance invoicing system, as described below, and RapidLance's transaction fee will increase proportionally to the contract value. Invoicing on RapidLance Users are required to send invoices through the RapidLance system for any projects initiated through RapidLance. For each project accepted on RapidLance, You agree to invoice all fees related to services delivered for the project via the RapidLance invoice system. Invoices can be sent individually and for part amounts. (Services do not include 3rd party software, hardware, reimbursed expenses such as travel, meals and other general disbursements and these amounts do not need to be invoiced through RapidLance.) Failure to invoice through RapidLance may result in immediate suspension of User's account. Buyers are only obligated to pay invoices for services purchased as a result of posting a project on RapidLance which are sent to them through the RapidLance invoice system. Invoices that do not come through RapidLance, for services performed as a result of a project posted on RapidLance, should be considered invalid by the buyer. Circumvention of RapidLance's Fee Structure You agree not to engage in any action or activities meant to circumvent our site or our stated fees. Prohibited systems or techniques include (but are not limited to) the following:
Without limiting RapidLance's other remedies, We may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to You (a) if You breach any terms and conditions of this Use Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if We are unable to verify or authenticate any information You provide to Us; or (c) if We believe that your actions may cause legal liability for You, our users or for RapidLance. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the RapidLance service under the same account, a different account or reregister under a new account. Violations of this Use Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions, as defined below. To the extent any User engages in actions or activities which circumvent the RapidLance Site or otherwise reduces transaction fees owed RapidLance under this Use Agreement, that User shall be liable to Us for our full fees due for the project and any follow-up or additional work, as described under "Fees charged by RapidLance," below, and may be subject to additional sanctions, including immediate suspension or termination of RapidLance membership, and penalties of up to twenty percent (20%) of the total value of all projects circumvented, at RapidLance's sole discretion. We expressly reserve the right to institute additional penalties and fees for repeated violations of the Use Agreement and/or our written policies and procedures posted on the Site. Notices RapidLance will provide notices by posting them on the Site and You agree to check the Site for notices. You also authorize RapidLance to send notices to You, at RapidLance's discretion, via electronic mail unless You otherwise indicate in writing to customer service. Regardless of whether RapidLance sends an email notification, You will be considered to have received a notice when it is made available to You by posting on the Site. Cancellation To cancel your subscription, please contact customer servicevia certified mail at: Customer Service Re: Subscription Cancellation Cancellation goes into effect at the end of your present billing cycle. No refunds can be given. Please include your full name, your RapidLance username, phone number and address. Please detail the nature of your request: How many subscriptions you wish to cancel (please specify Basic or Select). If Select, name which categories. The current term (Monthly, Quarterly, Yearly) of each subscription you would like to cancel. Additionally, for account security purposes, please provide the following: the LAST FIVE DIGITS OF THE CURRENT PAYMENT METHOD USED FOR THIS ACCOUNT (For your security, write only the last five digits. If you are paying by your RapidLance Account, please specify the latest activity to your RapidLance Account.) and A PRINTOUT OF YOUR SUBSCRIPTION DETAILS PAGE (only if you are cancelling via fax or certified mail) http://secure.Rapidlance.com/substatus Your cancellation request will be effective within 3 business days of receipt. RapidLance will send you an email confirmation once your subscription has been cancelled. You will not be liable for any additional subscription fees after your cancellation is effective. Please note that we will not be able to process cancellation requests unless all of the above information is provided. Users should be aware that RapidLance is not responsible for refunds due to lost mail or delays caused by postal mail. You may also contact RapidLance Customer Service from 10am to 7pm EST at 850-502-9171 Select and Basic provider subscription fees, whether paid monthly, quarterly and annually, are charged up-front and no refunds will be given upon cancellation. The cancellation of a subscription will go into effect at the end of your current billing cycle and no refunds of fees already paid for that cycle will be given. If RapidLance does not receive a provider subscription payment on the billing cycle due date, RapidLance will automatically cancel the subscription. Additional fees may apply if you decide to resubscribe at a later date. We may cancel Your membership if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. RapidLance reserves the right to terminate any user for any reason, at its sole discretion. We will notify You if We cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, We will notify You that Your account will be canceled if the law requires such notification. When Your membership is canceled, You may no longer have access to data, messages, files and other material You keep on the Site. The material may be deleted along with all Your previous posts and bids. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of Your registration. If RapidLance terminates this Use Agreement based upon Your breach of any portion of the Use Agreement, RapidLance reserves the right to refuse to provide registration and/or membership to You in the future. Audit Provisions and Maintaining Records For a period of two (2) years after accepting each project, You will keep and maintain complete and accurate information and records related to each project and all new or follow-up projects started for that project's buyer, including the project description, the bid and payment terms, and information on all new or follow-up projects performed for that buyer, necessary and sufficient to calculate the applicable transaction fees due to RapidLance. In the event of a dispute regarding the amount of transaction fees due to RapidLance, including a good-faith belief by RapidLance that the transaction fees paid have been underreported or are inaccurate, upon 30 days written notice and request, RapidLance shall have the right to audit your records to determine whether the full transaction fees due RapidLance have been paid by You. You will provide copies of all records or other documentation relevant to the calculation of such amounts. You will promptly pay to RapidLance the amount of underpayment, if any, disclosed by the audit or otherwise, along with any monthly finance charges applicable to the amount of the underpayment, calculated at the rate of one and one-half percent (1.5%) per month (or the highest rate permitted by law, if less). RapidLance will pay all costs of such examination and audit unless such audit discovers a discrepancy of five percent (5%) or more between the amount of transaction fees paid to RapidLance for the time period in question and the amount of transaction fees due to RapidLance by You hereunder during such time period, in which case You are responsible for paying the reasonable costs of the audit. Protection of Copyrights and Trademarks The Site contains trademarks and other material furnished by RapidLance, its licensors, and other users. You should assume that everything You see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of RapidLance or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect RapidLance's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Site Content will automatically terminate; You must immediately destroy any copies You have made of the Site Content; and We may revoke Your authorization to use the Site. Reproduction This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by RapidLance. RapidLance and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if RapidLance believes that a User's conduct violates applicable law or is harmful to the interests of RapidLance and its affiliates. Intellectual Property Policy RapidLance respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, RapidLance may terminate the accounts of users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), RapidLance's designated agent for notice of alleged copyright infringement appearing on our Site is: To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/ (visited February 23, 1999). Links The Site may contain links to other web sites or resources. You acknowledge and agree that RapidLance is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk. Limitation of Liability NEITHER RapidLance NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL RapidLance'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10,000.00. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You. RapidLance is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs. Reservation of Rights; Limited Licenses RapidLance and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the RapidLance logo and name are trademarks of RapidLance, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Except where expressly provided by RapidLance, nothing in this Use Agreement shall be construed to confer any license under any of RapidLance's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. Errors and Disclaimer of Warranties YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site. As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. RapidLance MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RapidLance MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. RapidLance MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM RapidLance OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Indemnity You agree to defend, indemnify, and hold harmless RapidLance, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against RapidLance for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement. General Provisions You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of RapidLance. Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of RapidLance shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and RapidLance. This Use Agreement will be governed by the law of California, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Use Agreement will be settled in a binding arbitration under the arbitration rules of the American Arbitration Association. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and RapidLance with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site. We suggest that You print out a copy of this Use Agreement for Your records. |
| Payment and Billing Service Terms | Back to Index |
| This Payment and Billing Service Terms of Use Agreement
(this "Payment Service Agreement") may affect your rights regarding your
purchase or sale of services through the RapidLance Web site ("the Site").
Please read it carefully. By clicking "I agree", You accept the terms and
conditions set forth below and assert that the information that You
provide is truthful and correct. Capitalized terms not otherwise defined in this Payment Service Agreement shall have the meanings given such terms in our Terms and Conditions of Use, which is incorporated into this Payment Service Agreement by this reference. By agreeing to the terms of this Payment Service Agreement, You agree to accept all disclosures and all other communications between us electronically at the email address You provide. (This does not supersede other notification terms of The Terms and Conditions of Use.) If You have any questions or comments about the information contained here, please contact customer service. Payment Service Our Payment and Billing Service (the "Payment Service") allows service providers on the Site ("Service Providers") to collect payment for such services from buyers ("Buyers") through electronic transmission. Buyers and Service Providers using the Payment Service are assigned "Stored Value Accounts". Service Providers may add to their respective Stored Value Accounts by directing that payments for their services received through the Payment Service from Buyers be added to the respective Service Providers' Stored Value Accounts or by using any of the methods available on the Payment Service web page. Buyers may add funds to their respective Stored Value Accounts by using any of the methods available on the Payment Service web pages. Funds in a Buyer's or Service Provider's Stored Value Account may be used to pay Service Providers, to pay transaction fees due RapidLance or to pay Select or Basic Provider membership fees. Upon request by the applicable User, funds in the Stored Value Account can be returned to such User, subject to the following conditions and restrictions: (a) RapidLance shall not return any funds to any Users of the RapidLance Site or Payment Service if directed not to return such funds by any competent international, federal, state or local authorities or if doing so would violate or, in RapidLance's reasonable discretion, would reasonably likely violate, any international, federal, state or local laws, regulations or other legal restrictions. (b) RapidLance shall withhold from any funds requested to be returned by a User of the Payment Service any amounts then owed or owing to RapidLance by such User. As stated below, RapidLance does not give partial refunds for membership fees, except as a result of the User's failure to be verified by a Verification Service Provider due to error or issues on the part of the Verification Service Provider. (c) By using the Payment Service, users agree not to make "excessive requests" that funds in such User's respective Stored Value Accounts be returned to such users. Users acknowledge that RapidLance shall be entitled, in RapidLance's sole discretion, to determine what constitutes "excessive requests." (d) RapidLance acts solely as the Service Provider's agent for purposes of facilitating all payment transactions through the Payment Service. Service Providers agree to properly discharge and credit Buyers for all payments RapidLance receives through the Payment Service regardless of when and whether RapidLance credits the Service Provider for such payments. (e) RapidLance IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. Posting Deposit. Buyers posting a project in the Select category will be required to provide a credit card for authentication. In addition, Buyers who do not award the project after 30 days from the time of posting will be charged a $25 posting fee. No such posting fee will be charged to Buyers who (a) award a posted project within 30 days from the time of posting; (b) receive less than 5 bids for such project; or (c) for repeat projects initiated by sellers. Any request for refunds must be submitted in writing within 90 days of posting the project in question to Customer Service. Service Provider Accounts. RapidLance will assign Accounts to Service Providers. Service Providers may direct payments to their Accounts for services provided to Buyers. Funds in an Account may be used to pay Transaction Fees (defined in Section below) and membership fees due to RapidLance. In the event of a dispute between a Buyer and a Service Provider, funds in an Account may be frozen and refunded to a Buyer upon the resolution of such dispute. If RapidLance determines, in our sole discretion, that a Service Provider has violated this Payment Service Agreement, RapidLance may refuse to credit such Service Provider's Account. (a) Interest. RapidLance may earn and retain interest or other compensation from the balances in its Accounts that result from the timing difference between the receipt of funds from any Buyer and any debit of the Account to pay the Service Provider. (b) Charge-backs. RapidLance reserves the right to seek reimbursement from any Service Provider and the Service Provider will reimburse RapidLance if RapidLance discovers erroneous or duplicate transactions, or RapidLance receives a charge-back from any Buyer's credit card issuer. RapidLance may obtain such reimbursement by debiting the applicable Service Provider's Account, deducting amounts from future payments owed to the Service Provider, charging such Service Provider's credit card, or obtaining reimbursement from such Service Provider by any other lawful means. Fees Charged by RapidLance: Transaction Fee In RapidLance Basic and RapidLance Select, RapidLance charges a per project transaction fee ("Transaction Fee"). For Basic providers, the Transaction Fee is equal to eight point seven five percent (8.75%) and for Select providers, the Transaction Fee is eight point seven five percent (8.75%) of the greater of: (a) the total amounts actually paid for services, as defined in the Invoicing on RapidLance section, by the Buyer to the Service Provider for such project, (b) the total amounts invoiced through RapidLance for services, as defined in the Invoicing on RapidLance section, regardless of whether Buyer uses the Payment Service to transmit payment to the Service Provider, or (c) the amount of the bid for a project placed by the Service Provider and accepted by the Buyer if invoices for the full bid amount are not sent through RapidLance within 30 days of project acceptance. (Please note the section on Circumvention of RapidLance's Fee Structure for more information). Such Transaction Fee will be charged to the Service Provider in the Service Provider's Stored Value Account each time a new invoice is sent through the RapidLance system, whether for a new project or continuing work on a project. In the event that the total amount actually paid by the Buyer to the Service Provider for such project is greater than the amount invoiced by the Service Provider, RapidLance will adjust the amount charged to the Service Provider. The Transaction Fee is due and payable thirty (30) days from the date each invoice is submitted for payment. If invoices for the full bid amount are not sent, the transaction fee for the difference between the bid amount and the invoiced amount is due 30 days from project acceptance. All invoices and associated transaction fees are treated separately, even if they are part of the same project. In addition, certain minimum transaction fees apply for each category. For repeat projects posted by Service Providers on behalf of buyers through the Submit Repeat Project link in Selling Activity providers will be charged a four point seven five percent (4.75%) Transaction Fee. Buy Now service offers are subject to an eight point seven five percent (8.75%) Transaction Fee. For any individual project, a Service Provider will not be charged more than five thousand dollars ($5,000) in Transaction Fees. In the event of any Transaction Fee due and payable has not been paid to RapidLance within forty-five (45) days from the date of invoicing (or, if invoices for the full bid amount have not been sent, from the date of the project acceptance) RapidLance may, at its sole discretion, prohibit any or all further activities by the Service Provider until such Transaction Fee is paid in full, including but not limited to the placement of any bid on a project and the listing of the service profile. In the event that You are a Service Provider, You agree that You shall not be entitled to exercise any of Your rights or benefits that You may have with respect to any activities prohibited by RapidLance. Notwithstanding the foregoing, Service Providers will be able to make payment to RapidLance through their Stored Value Accounts even if they are prohibited from engaging in other activities on the Site. In the event that User owes both transaction fees and membership fees to RapidLance, RapidLance will apply any payments first to the membership fee and then to the outstanding transaction fees owed. The Transaction Fee is charged in U.S. dollars, but may be paid in any currency. Please note, however, that payments made in any non-U.S. currency may take up to eight weeks to process, and balance adjustments may be delayed. RapidLance service providers and buyers are responsible for meeting payroll, tax and legal requirements for any legal entity. It is the Service Provider's and the Buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. RapidLance is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction. We reserve the right to change the method of calculating the transaction fee at any time. However, the new transaction fee will apply only to projects accepted after notification of the changed fee. How to Pay for a Service You must register online to use the Payment Service. You will provide us true and accurate information when registering and will maintain and update that information as applicable. You will not impersonate any person or use a name You are not legally authorized to use. You authorize us to verify Your information (including any updated information), to obtain credit reports about You from time to time while You are registered with the Payment Service (including credit reports about Your spouse if you live in a community property state), and to obtain an initial credit authorization from Your credit card issuer at time of registration. The Payment Service is available only to individuals and others who are in compliance with the terms and conditions of this Payment Service Agreement and the Terms and Conditions of Use, who are not overdue in any payments owed to RapidLance, and whose applications are acceptable to RapidLance in its discretion. Further, the use of the Payment Service for the making of payments is available only to individuals and others who have been issued a credit card by a U.S. bank acceptable to RapidLance. Any registered User of RapidLance is eligible to use the Payment Service to receive payments. Paying a Service Provider with the Payment Service is accomplished by following the instructions and Payment Service links on the Site and providing the information requested. Unless You have a balance in Your Stored Value Account (such as from Your own sale of a service or through deposits via credit card, debit card, check or wire transfer), We will charge your credit card for the necessary amount. Currently, the Payment Service will only accept VISA, MasterCard and American Express credit cards. By providing Us with Your Visa, MasterCard or American Express credit card information, You authorize Us to charge such credit card for the amounts stated on the applicable Payment Service page. Providing inaccurate information is grounds for immediate termination of Your use of the Payment Service. We are not responsible for the consequences that might result from Your providing inaccurate information to Us. Getting Paid as a Service Provider Once funds have been directed to a Service Provider's Stored Value Account, such Service Provider may, using the Payment Service, request that any such funds be paid to such Service Provider using any of the methods available to such Service Provider on the Payment Service web pages; provided that any such requests shall be subject to the conditions and restrictions listed above under "Payment Service." Notwithstanding any other provision of this Payment Service Agreement, if We determine, in our sole discretion, that a Service Provider has violated this Payment Service Agreement, We may refuse to credit such Service Provider's Stored Value Account and may instead maintain the amount of such credit in a trust account or may return the amount of the credit to the appropriate Buyer. We will not be liable to any Service Provider if We act in accordance with the provisions of this Section. Authorized Payments Are Final Your use of the Payment Service constitutes Your agreement to pay for any amounts which You authorize Us to charge against Your Stored Value Account and, as appropriate, Your credit card. Such payments, once authorized, ARE FINAL. Payments made by Buyers through the Payment Service are NOT held in escrow and will be released to the specified Service Provider without confirming that the service transaction was satisfactory. Agreement to Pay If, for any reason, RapidLance does not receive payment for any amounts that You have authorized to be paid through Your use of the Payment Service, You agree to pay such amount immediately upon demand by RapidLance. You also agree to pay any interest charges, attorney's fees, and other costs of collection incurred by RapidLance in collecting from You the authorized but unpaid amount. In such case, RapidLance may, at its option, stop processing any further payments made by You and apply any amounts then held by RapidLance on Your behalf toward any deficiencies, losses, or costs that We have incurred as a result of Your use of the Payment Service. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Indemnification You agree to defend, indemnify and hold harmless RapidLance, its officers, directors, employees and agents (each an "Indemnified Party") 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. Security RapidLance is committed to providing You with a safe and secure e-commerce environment. If You wish, You may enter Your credit card number or other sensitive information using an encrypted server connection that employs SSL technology as provided on the Payment Service pages. Disputes Between Buyers and Service Providers Any disputes in connection with services provided by Service Providers or payments made by Buyers remain between such Buyers and Service Providers. By using the Payment Service, You acknowledge that RapidLance will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. RapidLance may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute between a Buyer and a Service Provider. Reservation of Rights RapidLance may refuse service to anyone for any reason. RapidLance may earn and retain interest or other compensation from the balances in its bank accounts that result from the timing difference between the receipt of funds from any Buyer and any debit of its bank account to pay any Service Provider after such Service Provider has requested disbursement from its Stored Value Account. RapidLance may amend this Payment Service Agreement at any time in its sole discretion by notifying affected users. If a User does not terminate use of the Payment Service as described below, User will be deemed to have accepted such amendment. ser does not terminate use of the Payment Service as described below, User will be deemed to have accepted such amendment. RapidLance will not be considered to have waived any of our rights or remedies described in this Payment Service Agreement unless the waiver is in writing and signed by an authorized representative of RapidLance. No delay or omission by RapidLance in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. RapidLance reserves the right to seek reimbursement from any Service Provider and Service Provider will reimburse RapidLance if RapidLance discovers erroneous or duplicate transactions or We receive a chargeback from any Buyer's credit card issuer for the amount of such Buyer's purchase from such Service Provider. RapidLance may obtain such reimbursement by deducting from future payments owed to such Service Provider, by reversing any credits to such Service Provider's bank account, by charging such Service Provider's credit card or by seeking reimbursement from such Service Provider by any other lawful means. This Payment Service Agreement and any User's registration for and use of the Payment Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between any User and RapidLance. Termination of Use of Payment Service RapidLance may, at any time and within its sole discretion, terminate Your access to and use of the Payment Service for any reason, including without limitation, violations of this Payment Service Agreement or the Site Terms and Conditions of Use. In addition, RapidLance may modify the terms of this Payment Service Agreement or discontinue the Payment Service at any time and without prior notice; provided that, if RapidLance elects to modify or discontinue the Payment Service or this Payment Service Agreement, RapidLance will post the new terms or a notice of such changes within a reasonable time on an appropriate area of the Site. DISCLAIMER OF WARRANTY USE OF THE SITE AND OF THE PAYMENT SERVICE IS ENTIRELY AT YOUR OWN RISK AND THE SITE, THE PAYMENT SERVICE AND ALL PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE ARE OFFERED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (B) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, IN WHICH CASE, THEY ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY IN NO EVENT WILL RapidLance'S LIABILITY IN ANY ACTION RELATING TO OR ARISING FROM THE USE OF PAYMENT SERVICES EXCEED $25,000 U.S. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL RapidLance BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST SALES, GOODWILL OR PROFITS, ARISING FROM SERVICE PROVIDERS' USE OF THE PAYMENT SERVICES, WHETHER BASED UPON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, EVEN IF RapidLance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RapidLance WILL NOT BE LIABLE FOR THE COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES. SERVICE PROVIDERS AGREE TO MAKE ALL CLAIMS ARISING OUT OF OR RELATING TO THIS PAYMENT SERVICES AGREEMENT WITHIN ONE-YEAR OF THE EVENT LEADING TO LIABILITY AND HEREBY WAIVE ANY AND ALL CLAIMS NOT MADE WITHIN SUCH ONE-YEAR PERIOD. Questions If You have any questions, suggestions, or reports of problems regarding the Payment Service, please contact customer service or write to Us at:
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| RapidLance Privacy Agreement | Back to Index |
| Updated: March 27, 2003 to incorporate release of contact
information terms.
Legal Requests
Legal Disclaimer Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action isnecessary to comply with a current judicial proceeding, a court order or legal process served on our website. Contacting Us If You have any questions about this Privacy Agreement or the practices of this Site, you may contact us at customer service or write: Customer Service |
| Policies | Back to Index |
Feedback Policy | |
| General Content Policy | |
| Message Board Policy | |
| Bidding Policy | |
| Project Policy | |
| Feedback Policy RapidLance provides its feedback and rating system as a means through which users can express their opinions publicly, and RapidLance does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability. Please use good judgment when leaving feedback or other comments regarding other RapidLance users or other third parties. Please note that you may be held legally responsible for damages suffered by other RapidLance users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, RapidLance is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
In order to protect the integrity of the feedback system and protect users from abuse, RapidLance will consider removing feedback in a few circumstances. If you believe another user has left feedback that falls under one of the following scenarios, contact investigations@Rapidlance.com with complete project and feedback details. RapidLance will consider removing feedback under the following scenarios:
General Content Policy You agree NOT to post or transmit any of the following on the site:
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| Community Policing | Back to Index |
| RapidLance prohibits the exchange of contact details between buyer and service provider during the bidding period. Those who violate this rule put users who follow RapidLance policies at an unfair disadvantage. Many members of the RapidLance community have been helping us to keep the playing field level by reporting violations. In order to help those users and to streamline the reporting process, we've created a special "hotline" — Report Violations. Send any reports of contact violations directly to this email address. This is an automated address for reporting violations only, and direct replies are not possible. Please do not send questions or customer service issues. |
| Investigations Team | Back to Index |
| What is the RapidLance Investigations Team? The Investigations Team enforces policies and assists users in order to create an efficient and fair marketplace. Specifically, the Investigations Team ensures the following:
What should I do if I am contacted by the RapidLance Investigations Team? The RapidLance Investigations Team contacts users for several reasons such as violations of Rules and Policies, potential disputes, removal of projects due to lack of detail or suggestions for improving project descriptions and bids. If you are contacted about violations or potential disputes, you are required to respond within 3 business days to avoid temporary suspension or termination of your membership. |