Terms of Service Agreement
This agreement sets out the terms and conditions, which include the Site Policies,
collectively referred to as the “Service Agreement” and as the 'Terms and Conditions',
applicable to members of the service operated by OutsourcingRoom (CyberBionic Systematics
Corp.). By visiting or using the services available from the domain and sub-domains
of www.outsourcingroom.com (the “Site”) applicants
(referred to as 'Members') must agree to the following Terms and Conditions. We
suggest that you consult the Terms of Service and the linked information regularly
for updates. We reserve the right to revise the Terms and Conditions and all linked
information from time to time in our sole discretion by updating this posting or
any linked information.
Unless otherwise provided in such revision, the revised terms will take effect when
they are posted.
In the event a member breaches or otherwise fails to comply with any provision of
these Terms and Conditions then in addition to any other remedy available to OutsourcingRoom,
OutsourcingRoom may terminate the participation of such member in the service and/or
may withhold any payments relating to participation in the service due to such member
from OutsourcingRoom.
ELIGIBILITY REQUIREMENTS
OutsourcingRoom.com shall have absolute discretion as to whether or not it accepts
a particular applicant or site for participation in the service.
REMOVAL FROM NETWORK
Our services are available only to legal entities and individuals in business who
are 18 years or older and can form legally binding contracts. To register for an
Account with OutsourcingRoom and become a Member, you must accept all of the terms
and conditions in, and linked to, the Terms of Service. OutsourcingRoom reserves
the right to edit job profiles or user profiles, block or even terminate the participation
of any member or site without reason including any member site that OutsourcingRoom
judges to be in violation of the Terms and Conditions. Members in violation of OutsourcingRoom's
Terms and Conditions will be immediately deactivated. OutsourcingRoom may deactivate
members with no prior notification. Members found in violation of the Terms and
Conditions will not receive any credit or payment from OutsourcingRoom.
FEES
Users choose the convenient way of payment on the page “Account”, make a deposit
on OutsourcingRoom. If a Member wants to buy a service, i.e. Featured project, Additional
Bid, etc. he makes the payment, and the correspondent amount is deducted from his
OutsourcingRoom account. Once a Member transfers the funds to his OutsourcingRoom
account, it’s impossible to get them back. OutsourcingRoom provides no Escrow service
and takes no project commission.
YOUR ACCOUNT
To become a Member and use the Services available from the Site you must register
for an "Account". You agree to provide true, accurate and complete information as
prompted by the registration form and all forms you access on the Site, and to update
such information to maintain its truth, accuracy and completeness. You cannot register
for more than one Client Account and one Provider Account.
Passwords and Use of Account
When a Member registers an Account, the Member will be asked to choose a Sign In
name and password for the Account. The Member will also be asked to choose the initial
Sign In name and password.
PAYMENTS
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. As previously stated, any member site that OutsourcingRoom removes
from the service due to violation of the Terms and Conditions will receive no credit
or payment.
DEPOSIT DISPUTES
Members may not file a complaint with one of our payment processors, including PayPal
or 2checkout, regarding the funds deposited into their account. OutsourcingRoom
staff will do its best to resolve any problem a member may have. Refunds will be
processed, if deemed necessary, at a time of OutsourcingRoom staff's choosing. Due
to the incompatible communication systems between our payment processors and OutsourcingRoom
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.
COPYRIGHTS
No copyright material can be posted on OutsourcingRoom. 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 requesting unauthorized reproduction of copyrighted or patented
material.
MODIFICATIONS
OutsourcingRoom 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 OutsourcingRoom 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.
OWNERSHIP
Members agree that all information contained on a website operated by OutsourcingRoom,
and all information compiled by OutsourcingRoom through operation of the affiliate
program, is the proprietary information of OutsourcingRoom. Personal information
provided by members to OutsourcingRoom will be kept confidential and will not be
distributed to any third party.
E-MAIL ADDRESSES
Members are prohibited from making direct contact with each other, unless it is
for a project you (a Service Provider) have been picked for, or you (a Service Buyer)
have picked a Service Provider for. This includes giving out your e-mail address,
ICQ number, phone number, or any other method of contact outside of this site. OutsourcingRoom
provides you with message boards, the so-called PMBox, which should be sufficient
for pre-project planning.
BIDDING
Providers 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 Providers to place hourly or other abnormal bids.
POSTING PROJECTS
Posting projects is a service for a fee on OutsourcingRoom. Only the 1st project
is free to post for new users.
ADVERTISING
You are prohibited from advertising your website on OutsourcingRoom. Any URL posted
in a bid, project description, or the message board, must relate to a project on
OutsourcingRoom. An example of a permissible URL: your portfolio or resume page.
ACCOUNTS
An individual may not possess more than one Buyer account and one Provider account,
unless they have contacted and received authorization from OutsourcingRoom 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 OutsourcingRoom staff. Accounts that are
inactive (have no login activity) for more than 12 months may be deactivated and
have their remaining funds deducted by OutsourcingRoom.
THE ROLE OF OUTSOURCINGROOM
OutsourcingRoom functions as a venue to connect buyers and Providers in a virtual
marketplace. As a neutral facilitator, OutsourcingRoom is not directly involved
in the actual transactions between users of the Site. As a result, OutsourcingRoom
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,
OutsourcingRoom cannot and does not confirm the identity of users. OutsourcingRoom
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 Guidlines before taking part in a project. We cannot refund the money
you have sent to someone, we are not responsible for your transactions. OutsourcingRoom
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.
LEGAL ISSUES
Relationship between Buyers and Providers
Each Buyer and Provider acknowledges and agrees that their relationship is that
of independent contractors. The Services performed by the Service Provider, its
employees, agents or sub-contractors shall be as an independent contractor and nothing
in the Terms of Service shall be deemed to create a partnership, joint venture,
agency, employer-employee relationship or otherwise.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax,
payroll withholding, sales and use tax, governmental reporting and other legal requirements
under applicable law, including without limitation those applicable to the purchase
and sale of Services from and by independent contractors.
No Agency
The Terms of Service and any registration for or subsequent use of this Site will
not be construed as creating or implying any relationship of agency, franchise,
partnership or joint venture between you and OutsourcingRoom, except and solely
to the extent expressly stated.
Data
You are responsible for creation, storage, and backup of your business records.
The Terms of Service and any registration for or subsequent use of this Site will
not be construed as creating any responsibility on OutsourcingRoom’s part to store,
backup, retain, or grant access to any information or data for any period.
WARRANTY DISCLAIMER
The services provided by OutsourcingRoom or any of our licensors or providers are
provided as “as is”, “as available, and without any warranties or conditions (express
or implies, including the implied warranties of merchantability, accuracy, fitness
for a particular purpose, title and non-infringement, arising by statute or otherwise
in law or from a course of dealing or usage or trade). We make no representations
or warranties, of any kind, either express or implied, as to the postings, made
on the web site by any third party, or as to the accuracy off the postings made
on the web site by any third party.
LIMITATION OF LIABILITY
In no event shall we or our licensors or providers be liable to you or any other
member for any special, indirect, consequential, incidental or punitive damages
pursuant to this agreement, including but not limited to, loss of profits, loss
of business opportunities or loss of goodwill, even if advised of the possibility
of such damages.
CUSTOMER SERVICE
If you have any questions, suggestions, reports of problems or complaints regarding
any OutsourcingRoom Services, your use of the Site, the conduct of or purchase,
sale, delivery, or payment of or for Services by or from any Member, please contact
Customer Service.
NOTICES AND COMMUNICATIONS
Unless you otherwise indicate in writing to Customer Service,
OutsourcingRoom will communicate with you by email or by posting communications
on this Site. You consent to receive communications from us electronically and you
agree that these electronic communications satisfy any legal requirement that such
communications be in writing. You will be considered to have received a communication
when OutsourcingRoom sends it to the email address you have provided to OutsourcingRoom
on this Site, or when OutsourcingRoom posts such communication on this Site. You
must keep your email address updated on this Site, and you must regularly check
this Site for postings. If you fail to respond to an email message from OutsourcingRoom
regarding violation, dispute or complaint within two business days, OutsourcingRoom
will have the right to terminate or suspend your Job or your Account.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the Site,
and shall сontinue until terminated by OutsourcingRoom or you as provided for under
the terms of this Section. Unless otherwise agreed to in writing between the parties,
either party may terminate the Agreement at any time upon notice to the other party.
In such event, (i) OutsourcingRoom shall continue to perform those OutsourcingRoom
Services necessary to complete any open transaction; and (ii) you shall continue
to be obligated to pay OutsourcingRoom and any Providers for any Services for which
you have hired such Providers in order to complete any such transactions. Without
limiting OutsourcingRoom’s other remedies, we may issue a warning, temporarily suspend,
indefinitely suspend or terminate your Account or a Job, and refuse to provide any
or all Services to you if: (a) you breach any terms and conditions of the Terms
of Service or the linked policies and information incorporated herein by reference,
including our written policies and procedures posted on the Site; (b) we are unable
to verify or authenticate any information you provide to us; or (c) we believe in
our sole discretion that your actions may cause legal liability for you, our Members
or for OutsourcingRoom or are contrary to the interests of the Site or the OutsourcingRoom
user community. Once temporarily suspended, indefinitely suspended or terminated,
you may not continue to use the Site under the same Account, a different Account
or reregister under a new Account.
GENERAL
You are responsible for compliance with applicable local laws, keeping in mind that
access to the contents of this Site may not be legal for or by certain persons or
in certain countries. OutsourcingRoom will not be considered to have modified or
waived any of our rights or remedies under the Terms of Service unless the modification
or waiver is in writing and signed by an authorized representative of OutsourcingRoom.
No delay or omission by OutsourcingRoom 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.
If any part of the Terms of Service is held to be unenforceable, the unenforceable
part will be given effect to the greatest extent possible and the remainder will
remain in full force and effect. You will not transfer, assign or delegate your
rights or obligations (including your Account) under the Terms of Service to anyone
without the express written permission of OutsourcingRoom, and any attempt to do
so will be null and void. OutsourcingRoom may assign this Agreement in its discretion.
Except for the payment of fees to OutsourcingRoom, neither of the parties to this
Agreement shall be responsible for the failure to perform or any delay in performance
of any obligation hereunder due to labor disturbances, accidents, fires, floods,
telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades,
acts of government, governmental requirements and regulations or restrictions imposed
by law or any other similar conditions beyond the reasonable control of such party.
The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in the Terms of Service are included for ease of
reference only and have no binding effect. The Terms of Service and all documents
referenced in the Terms of Service comprise the entire agreement between you and
OutsourcingRoom with respect to the use of this Site and supersede 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 link to or are linked from
this Site.
CONDITIONS AND RESTRICTIONS ON USE
You agree to use this Web Site only for lawful
purposes. You may not post on or transmit through the Web Site any data, text, music,
sound, photographs, graphics, video, messages or other material ("User Content ")
that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful,
sexist, or racially or ethnically offensive; (ii) constitutes a breach of any person's
privacy or publicity rights; (iii) violates any statute, regulation or ordinance;
(iv) promotes software or services that deliver unsolicited mail; or (v) promotes,
encourages, or facilitates terrorism or other activities that risk national security.
You may not upload, post, e-mail or otherwise transmit any User Content on or through
the Web Site that (i) contains any viruses, Trojan horses, worms, cancel bots, time
bombs, spyware or other computer programming routines that may damage or interfere
with the operations of the Web Site or with other users of this Web Site, (ii) is
knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation
of the Web Site in any manner.
AND FINALLY...
We thank you for choosing the OutsourcingRoom.com service and we look forward to
a mutually successful business relationship.
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