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, contact information exchange, 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
- Assist, encourage, participate in, or benefit from any effort 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 or intentionally assists, encourages, participates in, or benefits from circumvention of the Platform or Platform fees, Tech Support Bids reserves the right to:
- Remove Business from the Platform
- Refuse future service
- Pursue damages to the maximum extent permitted by law
- Recover reasonable attorney fees and costs related to enforcement
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 cumulative liability arising out of or relating to this Agreement shall not exceed the greater of (i) $500 or (ii) the total amount paid to Tech Support Bids by Business during the twelve (12) months preceding the claim.
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, contractors, affiliates, successors, and assigns from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, 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
- Business’s negligence, misconduct, or misrepresentation
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, confidentiality obligation, intellectual property right, or third-party right.
11. Relationship of the Parties
Tech Support Bids is an independent platform and is not an agent, broker, employee, partner, fiduciary, advisor, 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.
No fiduciary, advisory, agency, employment, or special relationship is created between Tech Support Bids and any user of the Platform.
12. Account Suspension or Termination
Tech Support Bids may suspend, restrict, or terminate Business access to the Platform at any time for any reason, including violation of this Agreement, the Terms of Service, the Acceptable Use Policy, or any other Platform policy.
13. Platform Availability
Tech Support Bids does not guarantee that the Platform will be available at all times or free from errors, interruptions, delays, security issues, or technical failures. Tech Support Bids shall not be liable for any damages arising from Platform downtime, technical issues, system failures, or service interruptions.
14. No Monitoring Obligation
Tech Support Bids is not obligated to monitor communications, projects, agreements, or interactions between Businesses and Providers and shall not be responsible for user conduct, project outcomes, or disputes between users.
15. Release
Business agrees to release and hold Tech Support Bids harmless from any claims, demands, damages, liabilities, losses, 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
- Security incidents
- Data loss
- Business interruption
Business agrees that Tech Support Bids is not responsible for the acts, omissions, representations, warranties, or performance of Providers.
16. 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.
17. 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, cyberattacks, service provider outages, or government actions.
18. 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, successor entity, purchaser, or acquiring company in connection with a merger, acquisition, restructuring, or sale of assets.
19. 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, collective action, or representative proceeding.
20. 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.
21. 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.
22. 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.
23. 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.
24. Survival
The provisions of this Agreement relating to non-circumvention, confidentiality, limitation of liability, indemnification, attorney fees, dispute resolution, governing law, release, no warranties, and any obligations which by their nature should survive termination shall survive termination of this Agreement.
25. Electronic Acceptance
Business agrees that electronic acceptance of this Agreement, including by clicking a checkbox, creating an account, submitting a project, communicating through the Platform, or otherwise using the Platform, constitutes a legally binding electronic signature and agreement to these terms.
26. Modification of Agreement
Tech Support Bids reserves the right to modify this Agreement at any time. Updated versions will be posted on the Platform, and continued use of the Platform constitutes acceptance of the updated Agreement.
27. 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.