Varascend Site Terms


Welcome to the Varascend Site at www.varascend.com (the “Site”)! 4bid.me Inc. and its licensors provide the Site to you subject to the following terms of use (“Terms”).


About Varascend

Varascend is a marketplace that allows users to offer, sell and buy just about any service in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer.

4bid.me, Inc. (“we”, “us” or “our”) is a California Corporation which owns and develops the Varascend Site.

While we may provide pricing, availability, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. 4bid.me Inc has no control over and does not guarantee the delivery, quality, safety or legality of services advertised; the truth or accuracy of users' content, service profiles, or availability; the ability of service providers to offer services; the ability of buyers to pay for services; or that a buyer or service provider will actually complete a transaction.

A “Service Provider” is defined as a person offering Services on the Site.

A “Buyer” is defined as a person wishing to purchase Services from a Service Provider.

Please read these Terms carefully. By visiting the Site, you accept the Site Terms. Creating an account with Varascend or otherwise using the Site will signify that you (“you” and “your” applies to both “Service Providers” and “Buyers”) have read, understood, and agree to be bound by these Terms, certify that you are at least 18 years of age and agree to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and 4bid.me Inc. 4bid.me Inc reserves the right to immediately terminate your access to the Site or Services, if you do not comply with these Terms. In addition, when you use any current or future Varascend services, content or other materials, you also will be subject to the following agreements and policies:

Privacy Policy at www.varascend.com/privacy

4bid.me Inc reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

By using the site, you agree to these terms; if you do not agree, do not use the site. These terms contain warranty disclaimers and other provisions that limit the liability of 4bid.me inc, so please read these terms in their entirety.


License and Site Access

As long as you comply with these Terms, 4bid.me Inc grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You shall not to download (other than page caching) or modify the Site, or any portion of it.


Prohibited Activity:

You are responsible for your conduct, content, and communications with others while using the Site. You must comply with the following requirements when using the Site:

(a) You may not misuse our Site by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

(b) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your communications or other content you post on the Site. 4bid.me Inc reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

(c) You may not deny others access to, or reverse engineer, the Site, or attempt to do so.

(d) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Site.

(e) You may not use the Site to infringe the intellectual property rights of others, or to commit an unlawful activity or use profanity on the Site.

(f) You may not resell or lease the Site.

(g) You may not modify, adapt, translate or create derivative works based upon the Site or any part thereof.

(h) You may not remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Varascend brand elements, including logos, trademarks, service marks or other materials displayed by 4bid.me Inc in connection with the Site in any manner whatsoever

(i) You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 4bid.me Inc server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

(j) You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of 4bid.me Inc, including any Varascend account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

(k) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 4bid.me Inc’s systems or networks, or any systems or networks connected to the Site or to 4bid.me Inc.

(l) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

(m) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 4bid.me Inc on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

(n) You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 4bid.me Inc or others.


Your Account

  1. If you use the Varascend Site, you are responsible for maintaining the confidentiality of your Varascend account and credentials and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or credentials including maintaining the confidentiality of the password and account information. 4bid.me Inc reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
  2. While registering with Varascend, you should provide true and accurate data which includes that of your geographical location, personal details, billing information, etc. The accountability for maintaining and updating this data lies solely with you. 4bid.me Inc reserves the right for terminating the account for untrue or inaccurate data at any time if found or proved. You agree to immediately notify 4bid.me Inc of any unauthorized use of your password or account or any other breach of security.
  3. You will maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.

Services

Service Providers will post Skills and descriptions of Typical Services on the Site which will include estimated times and may include additional fees for a list of Services which are commonly provided by that Service Provider. Buyers will bid on and / or purchase time from Service Providers with no guarantee that a Service as noted on the Service Provider Profile page will be completed by or within the Time bid or purchased. 4bid.me Inc does not warrant that Service Descriptions, Skills, or other content on the Varascend Site is accurate, complete, reliable, current, or error-free. If a product, service, time to complete a service, travel time, or other information regarding a Service Provider or Service offered via Varascend is not as described, your sole remedy is to dispute the purchase with the Service Provider.


Pricing:

  1. Service Providers will pay a Transaction Fee for each purchase of Services by Buyers. Such Transaction Fee amounts shall set forth on the Service Provider Account Set Up Page on the Site.
  2. Buyers will pay the Service Fees agreed upon with the Service Provider during the bidding process.

Service Provider Responsibilities

Service Provider sign up: An account is created by Service Provider. Permanent access to the Service Provider's calendar (via Google and possibly others in the future) is granted to the application. This access can be revoked at any time by the Service Provider from within Google calendar. The user's email address is saved. The new Service Provider is walked through configuration of their account, linking of their existing or creation of a new payment account (at Stripe), and creation of their profile.

The Service Provider profile contains a description of the Service Provider's skills, experience, and a list of common services with associated time to complete each service (example: implement single Web page from pdf, 5-10 hours). The profile also contains a list of prior inventions and conflicts of interest.

Service provider account configuration includes tuning of various auction related options such as minimum price. Also tuned are other specifics such as delivery of services (phone, online, onsite), maximum travel time for onsite visits, etc.

Services and refunds are limited based on the Service Provider's profile page, which is based on the Service Provider configuring one of three options during account setup:

  1. “Please don't book me for unlisted services, if you do then you are not entitled to a refund”

    Service Provider will only perform listed services. Buyer is not entitled to a refund except under the following conditions:

    The Service Provider is required to issue a refund if they can't make the appointment or if they are unwilling to provide the service requested, so long as that service was specifically listed on the Service Provider's profile page and the type of work is not excluded by the Service Provider's “Services Not Provided” and / or “Restrictions or Conflicts of Interest” section on their profile page.

  2. “Call me to ask about unlisted services. Please don't book me for unlisted services without checking with me first, if you do then you are not entitled to a refund”

    Service Provider will perform listed services and entertain new services, but new services must be discussed and agreed to by phone prior to booking. An email or other written exchange should take place to certify the agreement. This is the obligation of the Buyer to prove during a dispute.

    Buyer is not entitled to a refund except under the following conditions:

    The Service Provider is required to issue a refund if they can't make the appointment or if they are unwilling to provide the service requested, so long as that service was specifically listed on the Service Provider's profile page and the type of work is not excluded by the Service Provider's “Services Not Provided” and / or “Restrictions or Conflicts of Interest” section on their profile page and / or if the Buyer has obtained written agreement with the Service Provider for delivery of unlisted services and those services are not delivered.

  3. “I'm happy to refund you if I can't do the job, just as long as your job is reasonable based on my profile”

    Service Provider will perform listed services and entertain new services. Prior agreement regarding new services is not required so long as the requested services are similar to already listed services or may be inferred by a reasonable person to be available based on listed services and skills.

    Service Provider is required to issue a refund if they can't make the appointment or if they are unwilling to provide the service requested, unless the service requested is illegal, immoral, dangerous, or excepted by the Service Provider's “Services Not Provided” and / or “Restrictions or Conflicts of Interest” section on their profile page.


Buyer Responsibilities:

During Checkout: the Buyer is responsible for entering a valid credit card with sufficient funds to cover their total purchase. For Onsite Visits, the Buyer must enter a valid address. For Phone Calls, the Buyer must enter a valid telephone number. The Buyer is also responsible for entering any Optional Instructions to the Service Provider as needed. This is particularly important for Onsite Visits and Phone Calls using a conference line, and the Buyer must provide the Service Provider with enough information that a reasonable person would be able to complete their service appointment as requested. For Online Sessions, if the Buyer would like to use a video conferencing service other than Google Hangout, it must be entered here as well.

The Buyer is responsible for understanding that once submitted, an event may not be canceled by the Buyer. Nor may a bid be revoked in an active auction. Please bid and purchase accordingly. An event may be cancelled (and refunded) by a Service Provider, but not by a Buyer.

The Buyer is also responsible for understanding the difference between immediate purchase and an auction. An immediate purchase will create an auction that finishes immediately with the Buyer winning the auction at the Service Provider's minimum price. A normal auction will end 48 hours prior to the start time of the appointment being auctioned. The Buyer will only purchase the appointment and be charged for an auction when the auction ends, and only if their Maximum Bid results in the highest bid for that auction. In the case of multiple bidders being tied for highest bid, the bidder that was first to submit a winning Maximum Bid will win the auction.

While email notifications should be sent out to the winning bidder for an auction, it is the Buyer's responsibility to check the Site for auction results and appointment schedules. We cannot guarantee email delivery.


Bidding and Buying

With respect to bookings on Varascend, we cannot confirm the total price of a booking until after close of auction. Despite our best efforts to represent a current price / bid, a small number of the bids for a given auction may not be reflected on the Site but may be taken into account during auction finalization. This may result in the final price being higher than expected or may result in your bid not being the highest / winning bid for the auction even if it is reflected as such on the Site prior to close of auction.


Payment Processor

Service Providers are required to set up an account with Stripe during account setup in order to process payment of Transaction Fees and Service Fees.


Charges

Credit cards are charged during the auction finalization process using our third party payment processor, Stripe. Please make sure you have funds available at all times in case an auction ends early. If you make use of our wallet feature and submit multiple credit cards to us we will make an attempt to charge the next card in your wallet if the current card fails for any reason, including but not limited to lack of available funds. If none of your credit cards can be charged you may forfeit the booking and lose the auction which will result in the next highest bidder winning the auction and taking the booking. We may also attempt to retry the charges after a delay if there are no other bidders.


Refunds

Your satisfaction is important to us. However, refunds are at the Service Provider's discretion only. 4bid.me Inc will not facilitate or mediate disputes between Buyers and Service Providers. However, if you believe that you are entitled to a refund based on our refund rules outlined in this document, and a Service Provider is refusing to issue one, we won't tell you not to submit a charge back request to your credit card company and reference this document for support.


Confidentiality and Proprietary Rights Agreement

Service Providers and Buyers must execute Confidentiality and Proprietary Rights Agreement {Insert Link Here} for all Services in order to assign intellectual property rights to the Buyer for all Deliverables (including without limitation, software code and other intellectual property)


Content

When providing us with content or causing content to be posted using our Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees. You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Site, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Site.


Reviews, Comments, and Communications

In general Users, unauthenticated Visitors, Buyers and Service Providers on the Site may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”


Indemnity

You agree to indemnify and hold 4bid.me Inc, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against 4bid.me Inc by any third party due to or arising out of or in connection with your use of the Site and all claims resulting from content you supply to the Site. your improper use of the Site or your breach of any law or the rights of a third party. 4bid.me Inc takes no responsibility and assumes no liability for any content posted by you or any third party.


Disputes Between Buyers and Service Providers

4bid.me Inc will not facilitate or mediate disputes between Buyers and Service Providers. However, if you believe that you (as a Buyer) are entitled to a refund based on our refund rules outlined in this document, and a Service Provider is refusing to issue one, we won't tell you not to submit a charge back request to your credit card company and reference this document for support.


Privacy

Please review our Privacy Policy at www.varascend.com/privacy which also governs your visit to the Varascend Site, to understand our practices.


Electronic Communications

When you visit the Varascend Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Varascend Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


4bid.me Inc Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, and software, trademarks, logos, sounds, music, artwork and computer code (collectively, “Site Content”), including but not limited to the design, structure, selection, compilation, “look and feel” and arrangement of such Site Content, is owned, controlled or licensed by or to 4bid.me Inc, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks not owned by 4bid.me Inc that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4bid.me Inc.


Copyright Complaints

4bid.me Inc respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit feedback to us via the question mark button in the upper right hand corner on the Site.


Disclaimer of Warranties and Limitation of Liability

4bid.me Inc does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Varascend Site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this Site are provided by 4bid.me Inc on an “as is” and “as available” basis. 4bid.me Inc makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the Varascend Site you expressly agree that your use of this Site is at your sole risk. 4bid.me Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. All information provided on the Site is subject to change without notice. 4bid.me Inc cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.,

To the maximum extent permitted by law, in no event will 4bid.me Inc be liable to you for any indirect, incidental, punitive, and consequential damages including lost profits, even if 4bid.me Inc has been advised of the possibility of such damages. Your sole remedy against 4bid.me Inc for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.


Applicable Law and Venue

By visiting the Varascend Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and 4bid.me Inc. You also agree to the personal jurisdiction by and venue in the state and federal courts in Contra Costa County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between 4bid.me Inc and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Site Policies, Modification, and Severability

These Terms and the other policies, rules, guidelines, and disclaimers posted on the Site constitute the entire agreement between 4bid.me Inc and you with respect to your use of the Site and supersede all previous written or oral agreements between us with respect to the subject matter hereof.

From time to time, 4bid.me Inc may revise these Terms so please refer to the Site periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Site subsequent to such an update will signify your assent to be bound by such changes.

If you have any questions regarding our terms and conditions, please submit feedback to us via the question mark button in the upper right hand corner on the Site.

The information contained in this web site is subject to change without notice.



Copyright ©2014-2016, 4bid.me Inc. All rights reserved. 4bid.me Inc.,

Updated by 4bid.me Inc. on February 4th, 2016