This Business User Agreement (“Agreement”) is entered into between Tech Support Bids (“Company,” “we,” “our,” or “us”) and any business, organization, or individual seeking IT services through the Tech Support Bids platform (“Business,” “you,” or “your”).
By submitting a project, requesting services, communicating with Providers, creating an account, or using the Platform, you agree to this Agreement.
1. Platform Services
Tech Support Bids operates as a marketplace platform that connects businesses seeking IT services (“Businesses”) with independent IT service providers (“Providers”).
Tech Support Bids:
- Does not perform IT services
- Does not employ Providers
- Does not supervise Providers
- Does not manage projects
- Does not guarantee project outcomes
- Does not guarantee Provider performance
- Does not guarantee pricing
- Does not guarantee availability of Providers
- Does not verify or guarantee Provider qualifications, licensing, or insurance
- Is not a party to any agreement between Business and Provider
Any agreement for services is solely between the Business and the Provider.
2. Business Responsibilities
Business agrees to:
- Provide accurate project information
- Conduct its own due diligence before selecting a Provider
- Enter into written agreements directly with Providers when appropriate
- Pay Providers directly unless otherwise agreed in writing
- Review Provider qualifications, insurance, and certifications
- Manage and approve project scope, pricing, and deliverables directly with Provider
Business understands that Tech Support Bids is not responsible for project performance, timelines, quality of work, or disputes.
3. No Guarantee of Services
Tech Support Bids does not guarantee:
- That you will receive bids
- That you will find a Provider
- That Providers are qualified for your specific needs
- That projects will be completed successfully
- That pricing will be competitive
- That Providers will maintain insurance or licensing
Business is solely responsible for evaluating and selecting Providers.
4. Payments and Contracts
All payments, contracts, project terms, and service agreements are between Business and Provider only.
Tech Support Bids:
- Is not responsible for payment disputes
- Is not responsible for contract disputes
- Is not responsible for service delivery
- Is not responsible for damages caused by Providers
- Does not provide warranties for Provider services
5. Introduced Provider
A Provider shall be considered an “Introduced Provider” if the Business and Provider were connected through the Platform, including but not limited to bids, messages, meetings, or any exchange of project-related information.
Business acknowledges that any Provider introduced through the Platform is considered an Introduced Provider for the purposes of Tech Support Bids’ fee structure with Providers.
6. Non-Circumvention
Business agrees not to circumvent, avoid, bypass, or attempt to bypass Tech Support Bids in order to avoid fees owed by Providers to Tech Support Bids.
Business agrees not to:
- Encourage or request Providers to work outside the Platform to avoid fees
- Enter into agreements designed to avoid Platform fees
- Conceal projects, renewals, or ongoing work
- Route payments through third parties to avoid Platform fees
Business acknowledges that Providers pay Tech Support Bids fees for introductions and ongoing business relationships, and that interference with this relationship may cause financial harm to Tech Support Bids.
If Business knowingly assists in circumvention, Tech Support Bids reserves the right to:
- Remove Business from the Platform
- Refuse future service
- Pursue damages to the maximum extent permitted by law
7. Limitation of Liability
To the maximum extent permitted by law, Tech Support Bids shall not be liable for any damages arising out of or related to:
- Provider services
- Project performance
- Missed deadlines
- Service quality
- Payment disputes
- Data loss
- Security incidents
- Business interruption
- Loss of profits
- Loss of business opportunities
- Errors or omissions by Providers
Tech Support Bids’ total liability shall not exceed $500 or the total amount paid to Tech Support Bids by Business, whichever is greater.
8. No Warranties
The Platform and all services are provided on an “as-is” and “as-available” basis.
Tech Support Bids makes no warranties, express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Availability of the Platform
- Accuracy of information
- Provider performance
9. Indemnification
Business agrees to indemnify, defend, and hold harmless Tech Support Bids and its owners, officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses arising out of:
- Business’s use of the Platform
- Business’s agreements with Providers
- Disputes between Business and Provider
- Business’s violation of this Agreement
- Business’s violation of any law or regulation
10. User Content
Business is responsible for all information submitted to the Platform, including project descriptions, files, and communications. Business represents that it has the right to share such information and that the information does not violate any law, contract, or third-party rights.
11. Relationship of the Parties
Tech Support Bids is an independent platform and is not an agent, broker, employee, partner, or representative of either the Business or the Provider. Tech Support Bids does not have authority to enter into agreements on behalf of any Business or Provider.
12. Account Suspension or Termination
Tech Support Bids may suspend or terminate Business access to the Platform at any time for any reason, including violation of this Agreement.
13. Platform Availability
Tech Support Bids does not guarantee that the Platform will be available at all times or free from errors, interruptions, or security issues. Tech Support Bids shall not be liable for any damages arising from Platform downtime, technical issues, or system failures.
14. Release
Business agrees to release and hold Tech Support Bids harmless from any claims, demands, damages, or disputes arising out of or related to:
- Services provided by Providers
- Acts or omissions of Providers
- Project performance
- Contracts between Business and Providers
- Payment disputes
- Service disputes
Business agrees that Tech Support Bids is not responsible for the acts or omissions of Providers.
15. Attorney Fees
In the event of any dispute arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
16. Force Majeure
Tech Support Bids shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet outages, power failures, or government actions.
17. Assignment
Business may not assign or transfer this Agreement without prior written consent from Tech Support Bids. Tech Support Bids may assign this Agreement to an affiliate or successor entity.
18. Dispute Resolution and Arbitration
Any dispute arising out of or relating to this Agreement or the use of the Platform shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in the State of Delaware.
Business waives the right to a jury trial and agrees not to participate in any class action lawsuit.
19. Confidentiality
Business agrees that any non-public, confidential, or proprietary information shared through the Platform shall be kept confidential and used only for evaluating or performing services.
Business agrees:
- Not to disclose confidential information to third parties
- Not to use confidential information outside the intended purpose
- To protect confidential information with reasonable care
This obligation survives termination of this Agreement.
Tech Support Bids is not responsible for enforcing confidentiality between parties and recommends separate Non-Disclosure Agreements where appropriate.
20. Non-Solicitation of Platform
Business agrees not to solicit or hire employees or contractors of Tech Support Bids and not to use confidential information obtained through the Platform to compete directly with Tech Support Bids or create a competing platform.
21. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
22. Entire Agreement
This Agreement, along with the Terms of Service, Privacy Policy, Acceptable Use Policy, Disclaimer, and Non-Circumvention Policy, constitutes the entire agreement between Business and Tech Support Bids.
23. Agreement
By submitting a project, creating an account, communicating with Providers, or using the Platform, you acknowledge that you have read, understood, and agree to this Business User Agreement.