tendify connect to creativity

 
 
 

Terms & Conditions

 

Introduction

By using the services offered through this website, you agree to be bound by the terms and conditions set out on this page. If you do not agree with our terms and conditions then please do not proceed to use or access our services.

Key Definitions

- "tendify.com", "company" ("us, "we, "our" and "ours") means Tendify Trading.

- "Users", "You", means anyone making use of the tendify.com services.

- "Posters" means anyone posting a project on the tendify.com website to be undertaken by members of tendify.

 - "Members", "Creative Professionals" means any business or organistion who is signed up as a member of tendify.

- "Service" means any procedure or service that is provided by tendify.com to Users which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.

- "Tender" means a project/job submitted by a Poster via our Service.

- "Website" means the website tendify.com and all the pages, content and sub-domains contained therein.

- "Content" means any project postings, messages, text, files, images, photos, videos, sounds, or other material on tendify.com.

- "Expressing interest", "Expressed interest" means contacting, quoting or messaging a Client concerning a project post via our Service.

Governing Law & Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with Scots law. Any disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the Scottish courts.

If any provisions hereof are held to be illegal or unenforcable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

Overview

tendify.com provides an online marketplace for Creative Professionals and potential Clients who are in need of their services.

Accuracy of Information

Although we make every effort to ensure that all content is correct and accurate, tendify.com cannot guarantee the accuracy of all information on this Service, and as such are not liable for any problems or losses arising from errors in the content.

In using the Services provided by tendify.com, you acknowledge that tendify.com is not acting as a contractor or agent and is not responsible for any work completed. It is the responsibility of the Client to select a suitable Creative Professional and to negotiate the terms for any work that they undertake, and tendify.com will not be involved or held liable for the agreement between the Client and Creative Professional. We recommend that where possible any Client, before entering into any contractual agreement with any Creative Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary documentation. If you suffer any problems or losses as a result of acting on the information provided outside the Website, tendify.com will not be held liable.

Content

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit anyone else's use and enjoyment of the Website. Messages, profiles, project descriptions and all other content must be civil and tasteful.

You understand that all project postings, messages, text, files, images, photos, videos, sounds, or other materials ("Content") posted on, transmitted through, or linked from tendify.com, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all Content that you post, email or otherwise make available via the Service.

You understand that content not controlled by tendify.com is therefore not the responsibility of tendify.com. Furthermore, the tendify.com site and Content available through the Service may contain links to other websites which are completely independant of tendify.com. No representation or warranty is made by tendify.com regarding the accuracy, completeness or authenticity of the information contained in any such website.

You accept that tendify.com does not 'vet' or approve any creative professionals who are listed on the site.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and accept all risks associated with, the use and content, that you may not rely on said content, and that under no circumstances will tendify.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via tendify.com.

By creating an account with tendify.com, you agree to your work being featured on the homepage to showcase your profile.

You acknowledge that tendify.com does not pre-screen or approve all content, but that tendify.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on tendify.com for violating the spirit of the terms or for any other reason.

Intellectual Property

The tendify.com website owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not to use or copy and part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, videos, sounds, or other materials ("content") Users upload to tendify.com are retained by the copyright owner, and these are added to the site by the Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

Dealings with Organisations and Individuals

Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

You argree that tendify.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any thrid parties, you understand and agree that tendify.com is under no obligation to become involved.

In the event that you have a dispute with one or more other Users, you hereby release tendify.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Payment Terms & Refunds

Membership

Note: throughout the beta testing phase membership is free.

Membership is intended to enable Creative Professionals to express interest in projects posted on tendify.com. Membership is paid for on a subscription basis in advance. Refunds will not be given. The tendify.com Website does not guarantee that Creative Professionals will secure work from the projects they Express Interest in.

When you setup an online agreement to pay us on a regular basis, we will automatically take payement 3 days before the renewal date of your Memebrship. Within 5 days prior to that date, we will notify you by email to the email address you have supplied, that your Membership is about to renew. You must cancel your agreement before this date if you do not want it to renew. You may cancel your agreement either directly through Sage Pay or by logging into your tendify.com account and choosing request cancellation. The tendify.com Website will not be responsible or liable to you or any other third parties for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date.

From time to time, tendify.com may change its Membership price. Provided we give you 14 days notice of a pricing change, if you do not cancel before your scheduled renewal date you have agreed to the new price.

You agree that having a Membership does not remove tendify.com's right to Limit or Terminate your services.

You agree that tendify.com has the right to change the features and privelages of Membership.

All Services

You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is more than 7 days overdue, your account will be automatically restricted.

Refunds may occasionally be offered in other circumstances at the discretion of tendify.com.

You agree to receive all invoices by email to the email address you supplied. It is your responsibility to ensure that this email address is working properly.

Failed & Disputed Payments

If you have a question about a charge on you credit or debit card, you agree to contact us on our contact us page on the Website.

Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a £10 + VAT administration fee.

Limitations

You acknowledge that tendify.com may establish limits concerning the use of the Website, included but not limited to the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the Website.

You agree that tendify.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that tendify.com reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that tendify.com shall not be liable to you or any third parties for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the Service, including loss of profit or consequential loss or damage.

Termination of Service

You agree that tendify.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the Website, immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if tendify.com believes you have acted inconsistently with the letter or spirit of the terms.

You agree that tendify.com shall not be liable to you or any third parties for any termination or restriction of your access to the Website.

Furthermore, you agree not to attempt to use the Website after said termination without our expressed approval.

Changes

It is the reserved right of tendify.com, to change or update these terms and conditions from time to time. As a User of the Website, you are responsible for acknowledging any updates of these terms & conditions by visiting this section. Any significant changes in the terms & conditions will be followed by notification emails to all active Users.