BuilMaker User Terms

We’re BuilMaker, Ltd (“BuilMaker”) and this is our user terms. This agreement explains the rules that apply to buying or providing services using the BuilMaker platform (‘user terms’).

When we refer to the ‘Site’ we’re talking about the BuilMaker platform and ProjMaker service at BuilMaker.com. When we say ‘we’, ‘us’ or ‘BuilMaker’ it’s because that’s who we are and we own and run the Site.

Our user terms apply to any use of the Site whether or not you’re a member of the Site. The user terms are between you and BuilMaker. You’re making a legal commitment to us to stick to our user terms when you visit our Site. So, please read and understand them. If you don’t accept them then you will need to leave the Site because any use, other than in agreement with these user terms, is unauthorized.

Finding and buying services

Anyone can browse the Site but if you want to buy or provide services, or use other Site features, you need to become a member. We call a member who buys services a ‘Customer’ with free membership. We call a member who provides services a ‘Vendor’ (if you want to become a Vendor, additional terms apply). When we refer to ‘you’ in these user terms we mean any users of the Site (including Customers and Vendors).

Before you buy

Customers are responsible for choosing the right products or services to meet their needs and making sure that all aspects of them, including their scope, the number of revisions available and turnaround time meet their needs.

Agreeing to buy

A Vendor agrees to provide services by entering into this agreement directly with the Customer. It is your responsibility to make sure you understand the terms of the services agreement. In these user terms we use the word ‘job’ to talk about the products or services that a Vendor agrees to provide a Customer under this agreement.

BuilMaker is not part of any services agreements you enter into with other members. There is no joint venture between any member and us. We’re not a re-supplier of products or services provided by Vendors. Service providers are independent contractors and are not our employees, sub-contractors, partners or agents. We provide the Site and not the services.

Payment, pricing and taxes

The prices advertised on the Site for services are set by the Vendors. Service providers are responsible for deciding what prices they want to charge. Service providers may change their prices (or change or remove their services) without notice. The price will not change for any job already started.

All prices are stated and charged in US dollars (USD$) or other currencies, but payments should be in (USD$) unless otherwise stated elsewhere. You are responsible for any costs associated with currency conversion or bank charges.

Customers pay for services using one of the methods offered on the Site (‘payment method’). We will give you a job ID and issue a receipt for payment.

Each of the following things needs to happen to declare the state of ‘close’ the job:

the Vendor confirms that the services have been provided and submits content to the Customer for approval;

the Customer approves the outcome of the job;

the Vendor completes the job by providing ‘materials’ to the Customer (‘job completion’);

seven days pass from job completion; and

The prices for services include all indirect taxes (like GST, VAT and sales taxes). Service providers are responsible for providing tax invoices to Customers on request.

The Vendor pays us a fixed fee for the price as a ‘platform fee’. We use revenue earned from the Site to operate and maintain the Site and the platform facilities it provides to users.

Members’ promises to other members and to BuilMaker

When you’re using the Site you make some promises to us, as well as to the other members that you deal with. You promise that you:

are who you say you are;

are over 18;

will keep your membership details confidential (including your password);

will be responsible for any access and activity on the Site made as a result of using your membership details;

will only make representations on or via the Site that are accurate and not misleading or untrue;

will be reasonable and polite in your dealings with us and other members;

will not breach any of the terms of the user terms, any services agreements and the Vendor additional terms; and

will follow any other BuilMaker policies or rules that apply to the Site, such as community and conduct rules.

What you own (your intellectual property)

You promise that you own, or have the appropriate rights to use, everything that you submit on or via the Site. This includes everything that you post on the Site and send to, or make available to, other members and to us including all files, assets, communications and materials (‘your content’). You promise that the use of your content on or via our Site won’t infringe anyone else’s rights and that no further permissions from others are required regarding your content.

You give us a license to publish, copy, and communicate your content on or via the Site, for the purposes of operating the Site and providing the platform facilities to you. Your content will only be made publicly available if you post it on public parts of the Site. Communications and other content sent between Customers and Vendors are not viewable by other users.

Service providers will retain rights in their pre-existing materials provided to Customers but grant Customers a broad license to these materials. Service providers will assign to Customers all materials created specifically under the agreed brief. This is set out in the services agreement.

You confirm that we may publish and copy any reviews and public comments you make on any websites run by BuilMaker for the purpose of cross-promoting the Site.

Things you can’t do

You agree that you will not:

use a false email address, impersonate others, or misrepresent your affiliation with others;

attempt to gain unauthorized access to computer systems or content through the Site;

attempt to contact other members through the Site or use any information gained from the Site with the intention to make a private arrangement that would otherwise be made using the Site;

make your contact details public on the Site or in any communications via the Site. Contact details include your email address, street address, Skype name and phone number (but not social network handles);

enter any arrangements that are not consistent with these user terms or the services agreement;

engage in an automatic gathering of information from or through the Site;

attempt to interrupt or alter the Site’s operation in any;

use the Site or any of its content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;

disclose information about any other member that you obtain via the Site that is reasonably regarded as confidential or marked as confidential; or

modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site other than in accordance with the rights provided to you under these user terms or a services agreement.

Privacy

Our use of your personal information is governed by our privacy policy. You agree not to use personal information of other members outside of the Site. We are not responsible for any misuse of personal information given by one member to another. Service providers do not receive a Customer’s credit card details.

Availability

The Site will usually be available 24 hours a day, seven days a week. Sometimes we’ll need to interrupt or suspend your access to the Site or the provision of the Site’s platform facilities for maintenance, technical or other reasons. We’ll always try to give you notice if possible and try to keep such interruptions to a minimum. We do not have control over the availability of services or Vendors.

Indemnity

Our indemnity to you.

We provide the Site, not the services. We are liable and solely responsible for:

our use of the Site;

the services, message, content, software or other information we send through the Site;

our breach of any intellectual property rights belonging to others;

our breach of these user terms;

our breach of the Vendor additional terms; and

our breach of any industry code, regulation or law that applies.

You have no responsibility to us for, and we agree to indemnify you from, all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause.

Your indemnity to us.

You are liable and solely responsible for:

your use of the Site;

any services you buy or provide through the Site;

the services, message, content, information, software or other materials you send through the Site;

your breach of any intellectual property rights belonging to others;

your breach of these user terms;

your breach of a services agreement;

your breach of the Vendor additional terms; and

your breach of any industry code, regulation or law that applies.

We have no responsibility to you or to any another person for all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause (‘claims’) and you agree to indemnify us, our directors, officers, employees and agents from all claims.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

Liability

You should carefully assess whether the Site is suitable for your needs. Everything on the Site provided by us is given on an ‘as is’ basis and without warranties, either express or implied. We do not promise that the content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or content are free of viruses or any other harmful components. We make no promises regarding your access to the Site, or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

It is up to a Customer to make sure that Vendors and their services meet the Customer’s needs. We don’t formally endorse Vendors and their services. We don’t have control over anyone else’s business, representations, or the quality of their services or content, so we are not liable to you for anything provided by other members.

Warranties and refunds

In some jurisdictions, there may be consumer or fair-trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’).  We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.

Except as provided in a non-excludable law, we are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result or arise from your using or accessing the Site, or any inability to use or access the Site. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited to supplying our Site’s services again.

Once a job is closed, payment will not be refunded except as required under non-excludable law or according to Vendor’s refund policy. To request a refund on a closed job a Customer can make a claim to Support. We will assess claims on their merits, with regard to the digital nature of the materials and services as well as communications between Customer and Vendor before closure. If the job has been closed and the provider is no longer on the Site or cannot be contacted by the Customer, this is not a ground to ask for a refund.

There is no obligation to provide a refund for reasons which include if the Customer:

has changed their mind about the services;

bought the services by mistake;

does not have sufficient expertise to use the materials (unless the services did not meet the requirements of the brief); or

asks for goodwill.

Right to change, investigate or terminate

Although we can change any of our BuilMaker Studio terms at any time we will take reasonable steps to let you know when we do so.

We can look at or remove any of your content for any reason in our discretion. Reasons might include quality assurance if we get sent a notice, if we think that the use of your content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Site might result in liability to us or any member. We may investigate any job, allocate monies in certain circumstances and may freeze funds (for reasons such as our investigation of potential fraud) in our sole discretion.

We can suspend or terminate your membership at any time for any reason, including if you breach the user terms or Vendor additional terms.

These user terms will apply at all times that you access the Site; they will end when you are no longer a member of the Site and no longer access the Site.

We do not provide any legal advice on this Site. Please consider for yourself the suitability of these user terms, the services agreement between Customers and Vendors and, if you are a Vendor, the Vendor additional terms.

BuilMaker User Terms v2.0, effective date May 12, 2018