This Provider Agreement (“Agreement”) is entered into between Tech Support Bids (“Company,” “we,” “our,” or “us”) and the service provider registering on the Platform (“Provider,” “you,” or “your”).
By registering as a Provider on the Tech Support Bids platform (the “Platform”), you agree to the terms of this Agreement.
- Independent Contractor Status
Provider is an independent contractor and is not an employee, agent, partner, or joint venture partner of Tech Support Bids.
Provider is solely responsible for:
- Services performed
- Work quality
- Project delivery
- Employees and subcontractors
- Tools and equipment
- Taxes and payroll
- Insurance
- Licensing and certifications
- Compliance with laws and regulations
Nothing in this Agreement creates an employment relationship, partnership, or joint venture.
- Relationship of the Parties
Tech Support Bids is an independent marketplace platform and is not an agent, broker, employee, partner, or representative of Provider or Business. Tech Support Bids has no authority to enter into agreements on behalf of any user.
- 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 services
- Does not supervise services
- Does not manage projects
- Does not guarantee payment
- Does not guarantee project awards
- Does not guarantee project outcomes
- Is not a party to agreements between Businesses and Providers
All services are provided directly by Provider to the Business.
- Provider Responsibilities
Provider agrees to:
- Provide accurate information about qualifications and services
- Maintain all required licenses and certifications
- Maintain appropriate insurance coverage
- Perform services in a professional manner
- Comply with all applicable laws and regulations
- Use written agreements with Businesses when appropriate
- Deliver services as agreed with the Business
- Not misrepresent qualifications or experience
- Introduced Client
A Business shall be considered an “Introduced Client” if the Business and Provider were connected through the Tech Support Bids Platform, including but not limited to when:
- A bid is submitted
- A project request is submitted
- Messages are exchanged
- Contact information is shared
- A meeting or call is arranged
- Any project discussion occurs through the Platform
Provider agrees that all Introduced Clients are subject to the fee structure described in this Agreement during the fee obligation period.
- Insurance Requirement
Provider agrees to maintain appropriate business insurance, which may include:
- General Liability Insurance
- Professional Liability / Errors & Omissions Insurance
- Cyber Liability Insurance (if providing cybersecurity or IT services)
- Workers’ Compensation Insurance where required
Provider is solely responsible for damages arising from their services.
- Project Fees and Client Introduction Fees
7.a. Platform Access
At this time, Tech Support Bids does not charge Providers a fee to create an account, maintain a profile, view project opportunities, or submit bids on the Platform. Tech Support Bids reserves the right to introduce subscription or membership fees in the future with notice to Provider.
7.b. Client Introduction Fee (Initial Project)
If Provider enters into a contract for services with a Business introduced through the Tech Support Bids platform, Provider agrees to pay Tech Support Bids a Client Introduction Fee equal to ten percent (10%) of the total initial project value.
This applies to:
- One-time projects
- Fixed fee projects
- Hourly projects
- Managed services agreements
- Hardware/software projects
- Licensing projects
- Any services resulting from a platform introduction
Provider agrees that this fee is a reasonable client-acquisition and marketing fee, not a penalty.
7.c. Renewal and Ongoing Revenue Fees
If Provider enters into a renewal, extension, or ongoing services agreement with a Business introduced through Tech Support Bids, Provider agrees to pay Tech Support Bids ongoing fees as follows:
| Revenue Type | Fee |
| Initial Project | 10% |
| First Renewal Revenue | 5% |
| After First Renewal Revenue | 2% |
These fees apply to any additional work, renewals, extensions, support agreements, managed services, recurring services, or additional projects performed for the same Business introduced through the Platform.
7.d. Duration of Fee Obligation
Provider agrees that the fee obligation applies for any work performed for an Introduced Client for a period of twenty-four (24) consecutive months from the date of the first paid engagement, including any renewals, extensions, replacements, successor agreements, affiliated entities, or substantially similar services.
7.e. Automatic Renewal and Continuation of Services
For purposes of this Agreement, any recurring, managed, subscription-based, support, maintenance, licensing, cloud, cybersecurity, VoIP, or ongoing services agreement between Provider and an Introduced Client shall be presumed to continue unless Provider provides written evidence of cancellation or termination by the Introduced Client.
Acceptable evidence of cancellation may include:
- Written cancellation notice from the client
- Contract termination notice
- Email confirmation from the client
- Other reasonable documentation requested by Tech Support Bids
Provider agrees that recurring revenue fees described in this Agreement shall continue to apply to all ongoing services, renewals, extensions, and recurring revenue generated from an Introduced Client during the fee obligation period unless valid cancellation evidence is provided.
Provider shall notify Tech Support Bids within ten (10) business days of any cancellation or termination of services with an Introduced Client.
7.f. Reporting Requirement
Provider agrees to report any contract, renewal, extension, or additional work performed for a Business introduced through Tech Support Bids within ten (10) business days of signing an agreement.
7.g. Audit Rights
Tech Support Bids reserves the right to request documentation reasonably necessary to verify project value and recurring revenue related to Businesses introduced through the Platform.
7.h. Late Payments
Any unpaid fees shall accrue interest at a rate of 1.5% per month or the maximum amount permitted by law, whichever is less. Provider agrees to pay all reasonable collection costs, including legal fees, associated with recovery of unpaid fees.
7.i. Circumvention
If Provider fails to report a project, renewal, or ongoing work with a Business introduced through the Platform, or attempts to avoid fees, Tech Support Bids reserves the right to charge:
- The applicable fees described above, plus
- A circumvention fee equal to twenty percent (20%) of the total project value or $5,000, whichever is greater
Provider agrees this amount represents reasonable damages and is not a penalty.
Provider acknowledges that Businesses introduced through Tech Support Bids are considered Tech Support Bids clients for the purposes of this Agreement during the fee obligation period.
7.j. Modification of Fees
Tech Support Bids reserves the right to modify the fee structure upon thirty (30) days written notice to Provider. Continued use of the Platform constitutes acceptance of the updated fee structure.
7.k. Definition of Revenue
For the purposes of this Agreement, “Revenue” includes all amounts billed or received by Provider from an Introduced Client, including but not limited to:
- Service fees
- Recurring service fees
- Managed services fees
- Licensing resale or margin
- Hardware sales
- Software sales
- Consulting fees
- Support fees
- Maintenance fees
- Project change orders
- Renewals
- Extensions
- Any additional services
- Non-Circumvention
Provider agrees not to circumvent, avoid, bypass, or attempt to bypass Tech Support Bids in order to avoid paying fees described in this Agreement.
Provider agrees not to:
- Enter into agreements outside the Platform with a Business introduced through Tech Support Bids for the purpose of avoiding fees
- Fail to report contracts, renewals, extensions, or additional work
- Accept payment outside the Platform for work originating from the Platform
- Work through a third party to avoid fees
- Misrepresent project value
- Delay contracts to avoid the fee obligation period
- Otherwise attempt to avoid fees owed to Tech Support Bids
Provider acknowledges that any Business introduced through the Tech Support Bids platform shall be considered a Tech Support Bids client for purposes of this Agreement during the fee obligation period, regardless of whether services are contracted through or outside of the Platform.
This section survives termination of this Agreement.
- Fee Survival
Provider agrees that all fee obligations, including but not limited to introduction fees, renewal fees, ongoing revenue fees, reporting obligations, audit rights, circumvention fees, indemnification obligations, and limitation of liability provisions shall survive termination of this Agreement.
- Indemnification
Provider 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:
- Services performed by Provider
- Provider’s negligence or misconduct
- Provider’s breach of this Agreement
- Provider’s violation of any law
- Any dispute between Provider and a Business
- Any damages caused by Provider’s work
- No Guarantee of Projects
Tech Support Bids does not guarantee that Provider will receive any projects, work, or revenue through the Platform.
- Platform Availability
Tech Support Bids does not guarantee that the Platform will be available at all times or free from interruptions, delays, errors, or security issues. Tech Support Bids shall not be liable for any damages arising from Platform downtime or technical failures.
- 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 disputes
- Payment disputes
- Loss of business
- Loss of profits
- Data loss
- Security incidents
- Business interruption
Tech Support Bids’ total liability shall not exceed the total platform fees paid by Provider in the previous 12 months.
- Account Suspension or Termination
Tech Support Bids may suspend or terminate Provider’s account at any time for any reason, including violation of this Agreement or any platform policy.
- 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.
Provider waives the right to a jury trial and agrees not to participate in any class action lawsuit.
- 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.
- 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.
- Confidentiality
Both Business and Provider agree that any non-public, confidential, or proprietary information shared through the Tech Support Bids platform, including but not limited to business plans, technical information, pricing, customer data, project details, security information, and trade secrets, shall be considered confidential.
Both parties agree:
- Not to disclose confidential information to any third party
- Not to use confidential information for any purpose other than evaluating or performing services
- To protect confidential information with reasonable care
- That this obligation survives termination of this Agreement
Tech Support Bids is not responsible for enforcing confidentiality between Business and Provider and recommends that parties enter into a separate Non-Disclosure Agreement when appropriate.
- Non-Solicitation of Platform
Business and Provider agree 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.
- 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 Provider and Tech Support Bids.
- Agreement
By registering as a Provider on the Platform, you acknowledge that you have read, understood, and agree to this Provider Agreement.