The Online Marketplace for Home Improvement and Construction Services
Any project, any time, anywhere, any price!™
Any project, any time, anywhere, any price!™
Welcome to servicesold.com the industry's first online Selective Bidding System™ marketplace for home improvement and construction services. The following agreement clearly describes the terms with which servicesold.com / Service Sold, LLC offers you for its website. It also describes the terms and conditions applicable to your use of our services available under the servicesold.com domain. After you accept all the terms and conditions of the following agreement, you hereby agree and acknowledge that at any time and in our sole discretion, we may effectively modify the terms and conditions of this agreement by posting the modified agreement with its new terms and conditions on servicesold.com. This can happen at any time in the future. All modified terms and conditions shall become effective the same day of posting. You agree and consent to any and all modified terms and conditions in the future. This agreement may not be modified, amended, and/or changed by anyone without written permission. Also, you agree that we may discontinue our website at any time and without notice and without any liability. This agreement is effective on December 1st, 2012.
1. Get Started. This website simply acts as a digital marketplace where service customers and service providers can meet and initiate service agreements. Servicesold.com website is solely a neutral playing field for all that use it. It is not a real estate broker, Service Provider (hereafter termed SP), general contractor, real estate agent, or job referral generator. We do NOT auction any merchandise, personal property, separate building materials or real estate. We cannot control the quality, safety, or legal aspects of the transactions that take place on our website. Servicesold.com does not prequalify or validate the claims of SPs including with respect to their insurance and licensure. We and our website function solely as a neutral environment and digital bidding system where two parties may agree on a price and terms for a particular type of service. Therefore we are clearly neutral for this connection between you and other members. We do not provide any endorsement for you or your services, accept any form of advertisement, and you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of member authentication, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by servicesold.com and are solely between you and the SP. Because we are not involved in the actual transaction between service customers and SPs, we have no control over the accuracy of listings, the ability of SPs to perform the service as agreed, or the ability of service customers to pay the remaining balance. We cannot and will not guarantee that a service customer or SP will actually complete the service transaction that was originally intended.
2. Servicesold.com Membership. Our website is available only to individuals who can and will form legally binding contracts under applicable state laws. Our services are not available to minors or to temporarily or currently suspended Servicesold.com members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians approval. Your membership may not be transferred or sold to another party. When you are registering as any business entity, you represent that you have the authority to bind the entity to this agreement. You agree that you will not use your participation in the Servicesold.com website as a means to sell or market any other type of service. We reserve the right to edit your Service Provider Profile if you in any way disclose personal or company information. We do not, however, add to content in any way.
3. Service Fees. There are currently no fees to join Servicesold.com. Servicesold.com may collect a service charge from customers in certain categories if and when a bid is accepted. All service projects are considered absolute once the bidding begins below the stated max price.
The 8% service fee that applies to service coordination may change from time to time. Unless otherwise stated, all fee schedules are based in US Dollars ("USD"). The service provider can expect to receive 8% less of their accepted bid from the service customer. For example on a $1,000 USD accepted bid the listing customer will send Servicesold.com 8% or $80 USD and pay the remainder 92% or $920 USD to the service provider. For projects that have an accepted bid price of $50,000 USD or GREATER the project's service charge is dropped to only 5%. In contrast Servicesold.com does have minimum service fee of $20 USD if the chosen bid is lower than $250 USD. Servicesold.com reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. As always, you are responsible for all actions taken with your username and password. Please do not disclose your Servicesold.com password or any account information to anyone else.
4. Project payments/deposits. Service customers may be given two payment options when they accept a bid from a SP: PayPal will allow you to pay by credit card, debit card, eCheck, bank transfer and other methods. Check with PayPal for details. After they have chosen a SP and the project is finished the payment will be requested. These payments are NON-refundable to Servicesold.com for service performed. If there is a cancellation for any reason prior to service, the amount deducted can be used for the fee in a replacement project if the customer after reasonable effort is unable to find a satisfactory SP from the original project which may be reposted when appropriate. In the event of where as a customer has paid a project deposit and their chosen service provider fails to complete the project for any reason (injury, illness etc) Service Sold will allow you re-post that project containing the remaining incomplete tasks with the revised and adjusted project specification and details remaining. You will NOT be charged any fee for your selection of that service provider for the completion of that original incomplete project.
5. Service Cancellation. A Cancellation occurs when either party has to cancel AFTER a bid was accepted on servicesold.com but BEFORE any services are performed. After a bid is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on the website will NOT be performed as agreed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:
If your request for cancellation is accepted by the other party, service will be cancelled and the listing can either be relisted or deleted. The customer may relist the service at no additional charges or may request contact information from any bid from another service provider that may satisfy their preference. Either way our mission is to find you someone who is a good fit.
As with any business transaction we take the cancellation process very seriously. As in any form of employment - failure to show and/or to perform as agreed will end in your termination. Likewise it can result in cancelling you from the site.
6. No partnership of website. You hereby agree and acknowledge that your execution of this agreement, your provision of services and/or your use of the servicesold.com website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between us.
7. Servicesold.com Release. Should you ever have a dispute with servicesold.com users, you release Service Sold, LLC, its directors, officers, agents, and all employees from all claims, demands and damages (actual and consequential) of any kind and nature.
8. Service Rendered. As a customer, you are obligated to complete the transaction with the SP if you accept the SP's bid, unless the transaction is prohibited by law or by this agreement. By accepting a SP's bid, you agree to be bound by the conditions of the bid included in the bid details as long as the details are not in violation of this agreement or unlawful. Acceptance generally is not retractable unless:
9. Servicesold.com payments. You irrevocably and expressly authorize servicesold.com to debit any monies from the account that you have identified for servicesold.com as a payment source if any. You agree that it is your responsibility to maintain a valid payment source while engaging in activity on our website. You irrevocably and expressly authorize servicesold.com to withhold any monies and/or debit any monies from any account that you have identified to servicesold.com for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to us. We reserve our rights to all actions and remedies in connection with any monies owed to servicesold.com. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this section.
10. Service performed. For any SP you must legally be able to perform the service you bid on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements and local permits required. Local permits may be paid by either party. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the website exists for customers to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every customer that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. All bids include state sales tax. In the event, that you charge extra fees for the posted job as described (and we are made aware of this fact), servicesold.com reserves the right cancel your membership at our sole discretion. Your bid may only include content relevant to the description of your particular services. If you bid on any service and your bid is accepted by the service customer, you are obligated to perform the services offered in your bid at the accepted bid price. The only exception to that comes from when a service customer has inaccurately described the project and you discover it has significant or "material" changes. At that point you may cancel if you wish with no negative feedback .You authorize and understand that you will receive monies in the amount of your bid minus the appropriate servicesold.com transaction fees.
11. Website information that you submit. You solely are responsible for any and all information you provide to us or other users in the registration, or service process. All of your personal information must be true, legal, accurate, and non-fraudulent in any way. You may NOT provide contact information to other members for the purpose of bypassing service or transaction fees during a live project. Information must not contain any viruses or other malware that may damage or interfere with our website. You can and will be prosecuted for such an action. You authorize us to use the information you supply to us in connection with our services and in accordance with this agreement. Servicesold.com protects your information from 3rd party marketing agencies. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this agreement, threatening, illegal or inappropriate in any way.
12. Confirmed Identity. We use various techniques to help verify the identity of SPs when they register on our website; however, we cannot always and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
13. Servicesold.com Fraud. Servicesold.com may terminate your account if we confirm or suspect that you have engaged in fraudulent activity in connection with our website. Members may not manipulate the bid prices for any service or interfere with other members' listings or transactions at any time. Other fraudulent acts include:
Cause another person or entity to engage in any conduct or behavior intended or designed to circumvent or avoid, in any manner, our right to the Service Sold service charge Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to service fee; Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into a side agreement or transaction that circumvents or avoids our right to our service fee.
14. Responsibility of Customers: Some of the services that you may use servicesold.com for will require you to provide accurate measurement of the area needing work performed. For those who are uncertain of the measurements, please consult with someone who can assist you in the precise measurements for more accurate bidding by the SP. If hand measurements are not attainable we recommend using your local area county website for structure dimensions if you have no other knowledge of the dimensions. An inaccurate measurement may cause change in pricing for you and delayed service. Service providers rely on accurate measurements to prepare their bids especially all-inclusive bids that include materials with labor. As a rule of thumb always measure the coverage area twice, not just once. Note: Most local county websites will provide you with the floor dimensions that will be critical in the accuracy of needed measurements. For services like flooring, siding, roofing, it will be extremely helpful
15. Off-Site Communications. Servicesold.com prohibits offers by its members to perform services, or to offer listed services, outside of the web site. Offers of this nature circumvent servicesold.com fee structure and are a potential fraud risk for both service customers and SPs. Some examples of off-site offers known as "reach a rounds" include: The use of any personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, or names obtained through servicesold.com question and answer system, profile section, "Additional Information" section, username, or other We reserve the right to edit, amend, or delete any personal contact information that members submit on our site. We reserve the right to suspend or delete the account of any member that attempts to make off-site transactions.
16. Our Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the servicesold.com website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of your participation may include but is not limited to the following: any or all circumvention of the servicesold.com marketplace by you or by others at your direction; the creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
17. Our Confidentiality/Non-Disclosure. As a result of the performance of this agreement due to any reason, we may disclose to you or you may otherwise learn of or discover, our documents, daily business practices, our object code, our source code, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our information only for the specific purposes as allowed by the performance of this agreement. Any disclosure of our information to a third party specifically including a direct competitor is strictly prohibited and will be prosecuted in a court of law. All the obligations contained herein shall survive the termination of this agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief as well.
18. Pay your taxes. Both customers and SP's are responsible for all applicable taxes associated with any transaction generated from servicesold.com. All bids include state sales tax.
19. Accounting/Audit. We reserve the right to keep all records of any and all transactions and communications for all projects for business purposes.
20. Non-solicitation. You shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this agreement. Furthermore, you shall not interfere with any of our other business relationships including those with our members.
21. Legal Compliance of Service. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your posted listing. Please remember to purchase and comply with all local permit requirements that are applicable for the service needed.
22. Reasonable Care. You represent and warrant that you, and any individuals or crew members associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings of any nature instituted against you or your crew that will prevent you from performing the services as agreed.
23. Reinstatement possibilities. If you are removed from the website, you may petition for reinstatement. Your petition for reinstatement must include the following items:
24. Your Suggestions. We always like to receive messages and feedback and welcome any comments regarding the servicesold.com marketplace. However, our policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by the website might be similar or even identical to your idea. If you wish to send servicesold.com an unsolicited suggestion, idea, or proposal, or if you send, at the request of servicesold.com, a comment or suggestion to improve the servicesold.com marketplace via email collectively, servicesold.com will consider the submission to be non-confidential and non-proprietary. We will be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
25. How Feedback works. For each servicesold.com transaction, the customer and Service Provider are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (positive, negative or neutral), along with a short comment about your experience. Feedback scores are calculated by a customer who gives you a score ranging from 1 to 10. The feedback scores that are posted are the most frequent score received by customers for fully completed tasks. If you attempt to undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of five (5) or lower on multiple projects, your membership can be suspended. Any numeric score review that is extremely low (called a Rage Review) is eligible for possible review or possible removal. You agree that you will not use your servicesold.com feedback in any venue other than servicesold.com. Members should always use caution and good judgment when leaving feedback for another member because, members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because servicesold.com does not censor feedback at all or investigate it for accuracy, and we are not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it. In Summary, if you leave any negative comments that are untrue and are baseless you can be sued in a court of law. Any and all projects that are not complete are not eligible for scoring or review.
26. Fixing Feedback Issues. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Feedback comments cannot be edited at a later date. Both parties should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct and effective communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond.
27. Consequences of Servicesold.com : the consequences for use of our website that violate this agreement include, but are not limited to, the immediate removal your listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, and finally terminating your membership.
28. Member Security. Servicesold.com uses various industry standard practices to safeguard your personal information including firewalls and other security systems. Although we utilize different security techniques to protect data from unauthorized access, but we cannot always guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our website, as the operation of our website can be interrupted by numerous factors outside of our control despite our best efforts.
29. Limited Liability Company. In no event shall we, our employees, or our suppliers be liable for lost profits or any incidental or consequential damages arising out of or in connection with our website, our services or this agreement however including negligence. You agree to indemnify and hold us and our officers, agents, directors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this agreement, or violation of any law or the rights of a third party.
30. Conflict Arbitration. Any legal claim arising out of or relating to this agreement or our services, excluding legal action taken by servicesold.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the servicesold.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Cleveland, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
31. Member Dispute Resolution. Disputes regarding our members should be reported to sevicesold.com. We will try to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding any services. If you report a dispute to servicesold.com, we will make every effort to help both parties communicate but ultimately all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information to settle the dispute, you expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated as a result. We encourage you to report all member-to-member disputes to local law enforcement officials or a certified mediation or arbitration entity. We cannot specifically endorse any such third party mediation or arbitration entity. When appropriate, you should report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies immediately.
32. Intellectual Properties. The servicesold.com website contains copyrighted material, patentable business method material, trade dress, inventions, custom formats, design logos, phrases, trademarked names, service marks, domain names or other indicia of ownership (collectively the "Business Markings") and or (Intellectual Property Content) all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the overall appearance, trade dress, overall feel and graphic function of this website including but not limited to its color combinations and layouts with designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not utilize the business markings in any manner that would diminish their value or harm its reputation. You shall not use or register any domain name that is identical to or similar to any of the Business Markings. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, in part or whole, or use it in any other way for public or commercial purpose without our written permission. Since servicesold.com is the only website of its kind in the home-improvement industry, any and all attempted websites launched afterwards will be closely scrutinized and reviewed by our legal team and ANY violation will result in both civil and criminal prosecution to the fullest extent. In Summary, enjoy servicesold.com to the fullest, but do not try to replicate it in any way- because you will be sued.
33. State of Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
34. Legal Summary. In this agreement you acknowledge and agree that the servicesold.com services are provided to you strictly on an "AS IS" basis without any warranty or guarantee whatsoever, and your sole and exclusive remedy, and servicesold.com's sole obligation to you or any third party for any claim arising out of your use or misuse of the our services or any of its apps, is that you are free to discontinue your use of the our services at any time at no cost to you. These terms and conditions constitute the entire agreement between you and servicesold.com and take precedent over any oral negotiations or representations of the parties with respect to the subject matter hereof. These terms and conditions may not be modified or amended other than by an agreement signed by Service Sold LLC.
Last Revised Date: January 21st, 2015
