BuildingsGuide.com Supplier Terms of Service
By submitting the BuildingsGuide.com Supplier Registration ("Registration Form"), the person or entity named in the Registration Form ("the Company") agrees to the following Terms and Conditions. These Terms and Conditions, together with the Registration Form, comprise the entire Agreement ("Agreement") between the Company and BuildingsGuide.com Online Inc. ("BuildingsGuide.com").
1.0 Request-for-Quote (RFQ) Service
1.1 Supplier Database
BuildingsGuide.com authorizes the inclusion of vendors in its supplier database, accessible to BuildingsGuide.com users through the BuildingsGuide.com worldwide web site ("the Web Site"), in accordance with these Terms and Conditions. By submitting the Registration Form, the Company requests that BuildingsGuide.com include information about the Company (an "Entry") in its supplier database. BuildingsGuide.com reserves the right to refuse any such request or to cancel any Entry for failure to fulfill the obligations set forth in these Terms and Conditions. BuildingsGuide.com will be bound by these Terms and Conditions only if it agrees to include the Entry in its supplier database and in fact, includes the Entry
1.2 Entry Contents
The Entry will consist of the information provided to BuildingsGuide.com on the Registration Form. The Company agrees to provide true, accurate, current, and complete information about the company's business on the registration form. Failure to provide such information will result in BuildingsGuide.com denying, suspending, or terminating the Company's Service. BuildingsGuide.com reserves the right to check all public records with regards to the Company as part of our application process. In addition, by accepting these terms and conditions, the Company is thereby authorizing BuildingsGuide.com to contact any and all credit reporting services for credit verification. In the event, that information is found regarding the Company through our searches which makes the Company in the reasonable opinion of Buildings.com unsuitable as a vendor for the web site BuildingsGuide.com reserves the right to reject the Company's application to be a supplier in our program. By submitting the Registration Form, the Company grants permission for BuildingsGuide.com to electronically display the Company name, logo, and photographs of sample buildings on the BuildingsGuide.com web site. The Company will promptly inform BuildingsGuide.com of any changes in factual information contained in the Registration Form. Requested changes to the Registration Form will be subject to approval by BuildingsGuide.com. Approved changes will be applied prospectively and in no case will be retroactive. BuildingsGuide.com reserves the right to change the style, form, content, and appearance of the Web Site at any time.
After the inclusion of the Entry in the supplier database, BuildingsGuide.com will send any customer RFQs made through the Web Site to the email address provided on the registration form. BuildingsGuide.com will send the company only requests from buyers who match the requirements, as listed in the Registration Form. The RFQs will contain the following contact information for that customer: name, company name (if applicable), state/province, zip/postal code, phone number, and e-mail address. The Company agrees to respond to every RFQ within three (3) business days. The Company agrees not to distribute or re-sell RFQs to any third party, without express written permission from BuildingsGuide.com. BuildingsGuide.com also reserves the right to distribute or sell the same RFQs to a maximum of three (3) other suppliers for each designated sales region. BuildingsGuide.com is not responsible for any failure to receive the RFQs due to spam filters, address-book filters, filters imposed by internet service providers (ISP's), or failure on the part of the Company's email servers or internet service provider to deliver the RFQs. The Company shall contact the customer and use the RFQ only for purposes directly related to the RFQ. The Company may not add information from the RFQ to any newsletter, magazine, or communication subscription without first obtaining an independent opt-in request from the customer. The Company may not respond to any RFQ for purposes of cross-selling other products and services not sold by the Company. The Company agrees not to submit an RFQ, using the BuildingsGuide.com website within any category on the website in which the Company's products are also offered.
1.4 Use of BuildingsGuide.com Name and Logo
The Company is permitted to use the BuildingsGuide.com name only for purposes of identifying to the customer where the RFQ originated. The Company has no right to use the BuildingsGuide.com name, logo, or other intellectual property for any other purpose. The Company will not communicate to the customer or any third party to suggest that it is acting on behalf of BuildingsGuide.com or that BuildingsGuide.com has approved of or endorses its products or services.
2.0 Fees & Payments
BuildingsGuide.com will charge the Company’s credit card for RFQ fees on a pre-paid basis for the requested number of RFQs outlined in the registration form. BuildingsGuide.com is not responsible for any failure to receive the RFQs due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of the Company's email servers or internet service provider to deliver the RFQs. All Fees shall be charged to Company via the credit card specified in the Registration Form or such other credit card as may be requested by Company to be charged from time to time. BuildingsGuide.com may pre-authorize such charges with the company's credit card provider or bank. By completing the information on the Registration Form, you authorize such Fees to be charged to your credit card and represent and warrant that you are empowered by the Company to bind Company to said obligations. If you have any questions regarding charges to your account, you must notify BuildingsGuide.com immediately.
You must provide BuildingsGuide.com with accurate and complete billing information. Any changes to this information must be reported to BuildingsGuide.com within three (3) business days of the change. If a charge is disapproved by the financial institution, BuildingsGuide.com will notify you via email, and you must cure the disapproval. If disapproval is not cured within seven (3) business days of the date of the notice, BuildingsGuide.com reserves the right to charge an administrative fee in the amount of forty dollars ($40) and to pursue any other available remedy and may suspend the companies account and cease forwarding RFQ’s until the account is brought back into order. BuildingsGuide.com is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by BuildingsGuide.com.
2.2 Credit Procedure
At BuildingsGuide.com's sole discretion, the Company's account may be credited for an RFQ fee previously charged to the Company's account for any RFQ that: (a) has incorrect contact information (email and telephone number); (b) is submitted by a competitor; (c) is not submitted for a product or service category specified in the Registration Form; (d) is submitted outside the service territory specified on the Registration Form; or (e) is delivered to the Company more than three (3) business days after the request was submitted. In order to be eligible to receive a credit for any RFQ, the Company's account with BuildingsGuide.com must be current (i.e. no "past due" balances or outstanding invoices), The Company must request credits for RFQ’s within (14) days of receipt of the RFQ(s) in question. Credit requests should contain the RFQ reference # along with the reason for the credit request. Credit requests will be confirmed or rejected by e-mail within three (3) business days of receipt. BuildingsGuide.com reserves the right to contact the customer submitting the RFQ and, if it determines that the RFQ satisfies one of the criteria listed above, will credit the Company's account accordingly.
2.3 Credit Issuance
Requests for credit that are submitted during the fourteen (14) day period in which the RFQ was generated, and are approved for credit by BuildingsGuide.com during that billing cycle, will be processed immediately and reflected on the company’s account. Requests for credit that are submitted after the fourteen (14) day period will not be considered.
2.4 Fees Subject to Change
Fees set forth in the Registration Form are subject to change. BuildingsGuide.com will notify the Company of any applicable rate changes at least thirty (30) days before the change comes into effect.
In the event of non-payment, BuildingsGuide.com reserves the right to suspend or terminate the Company's account until such charges are paid. It may also charge interest on balances unpaid for more than thirty (30) days, in which case interest charges will accrue from the last day of the statement period with respect to an unpaid invoice. Any changes to the Company's credit card information provided on the Registration Form must be reported to BuildingsGuide.com within three business (3) days of the change. If the credit card is disapproved by the issuing institution, the Company will still be responsible for any previous or current charges. BuildingsGuide.com is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by BuildingsGuide.com. The Company agrees to pay all collection and/or court costs incurred by BuildingsGuide.com in its effort to collect any unpaid balance due to BuildingsGuide.com if BuildingsGuide.com refers Company's account to collection or to an attorney, subject to the laws governing these transactions.
The effective date of this Agreement is the date of activation of the Company's account. BuildingsGuide.com may terminate this Agreement at any time. The Company may terminate this Agreement after thirty (30) days from the effective date of this Agreement by providing written notice of intent to terminate to BuildingsGuide.com. After thirty (30) days of receipt of such notice, BuildingsGuide.com will close the Company's account, will charge the Company's credit card for any outstanding Fees, and will send the Company a final statement. Any requests for credits pursuant to paragraph 2.2 of this agreement must be submitted within one (1) business day of the Company's notice of intent to terminate.
4.0 Representations and Warranties
The Company represents and warrants that: (1) all of the information provided to BuildingsGuide.com is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene and does not breach any laws or obligations to which the Company is subject (2) the Company is authorized to provide the services and products set forth in the Registration Form (3) the Company has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (4) any advertising copy and any linked advertising comply with all applicable laws and regulations.
The Company agrees to indemnify and hold harmless Buildings.com and its directors, officers, employees, servants, and agents from and against any and all damages, claims, suits, actions, and expenses whatsoever suffered or incurred by BuildingsGuide.com, including all attorneys' fees and expenses on a solicitor and own client basis, resulting from claims brought by other parties regarding the inclusion of the Entry, or as a result of a breach of these Terms and Conditions or any misrepresentation by the Company contained herein. This provision shall survive the Term of this Agreement.
BuildingsGuide.com makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Web Site, any merchandise, information, or services provided through the Web Site, or the accuracy or results obtained from the use of any information or services provided through the Web Site.
6.2 BuildingsGuide.com is a Conduit
BuildingsGuide.com is not involved in any actual transactions between buyers and suppliers through the RFQ service. Thus, BuildingsGuide.com has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. BuildingsGuide.com cannot and does not control whether or not buyers will complete the purchase of items for which they have requested proposals or quotes. Because user authentication on the Internet is difficult, BuildingsGuide.com cannot and does not guarantee that each buyer or supplier is genuine. Buyers and suppliers will be able to communicate directly with each other before any transaction is complete. In the event the Company has a dispute with one or more buyers, the Company hereby waives and releases BuildingsGuide.com and its directors, officers, employees, servants and agents from any claims, demands, and/or damages arising out of or in any way connected with that dispute.
7.0 Limitation of Liability
IN NO EVENT WILL BUILDINGSGUIDE.COM OR ITS DIRECTORS, OFFICERS, EMPLOYEES SERVANTS & AGENTS BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ONLINE SERVICE, QUOTE PROVIDED BY COMPANY TO A BUYER, TRANSMISSION, COMMUNICATIONS, OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL BUILDINGSGUIDE.COM OR ITS DIRECTORS, OFFICERS, EMPLOYEES SERVANTS & AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR DATA OR THE COST OF OTHER FORMS OF ADVERTISING. IN NO EVENT WILL THE TOTAL LIABILITY OF BUILDINGSGUIDE.COM EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT FOR THE PRIOR TWELVE (12) MONTH PERIOD.
BuildingsGuide.com does not approve of, or endorse, any product or service by electronically providing an entry. BuildingsGuide.com may provide an entry for any other person at any time, except as expressly set forth in the attached Registration Form. BuildingsGuide.com reserves the right to change the style, form, content and appearance of the Web Site at any time. The Company and BuildingsGuide.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. These Terms and Conditions shall be governed by and interpreted according to the laws of the Province of British Columbia. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby. These Terms and Conditions and the Registration Form describe the entire Agreement between BuildingsGuide.com and the Company and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Company.
These terms & conditions last updated: April 2020