Terms of Service Agreement
Last revised on September 23, 2009
Welcome to Mavenbyte
Following Terms and Conditions of Service, are a contractual agreement between you and Mavenbyte. This also includes the Site Policies. The Terms and Conditions of Service together with the Site Policies jointly are referred to as the "Terms of Service Agreement." By visiting or using the services available on the domain and its sub-domains of www.mavenbyte.com, you are agreeing to be legally bound by these Terms of Service. Mavenbyte exclusively reserves the right to revise these Terms of Service periodically at our sole discretion by updating this "Terms of Service Agreement" page or any other linked information. The revised terms will take effect as soon as they are published here. The revision date will appear above left corner as shown on this page.
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Services of this Website
Mavenbyte makes this Website available as an online medium where people requiring professional services "Service Buyers" and providers of professional services referred as "Service Providers" interact with each other and work together online to the accomplishment of a Project or task.
This Website contains features that enable Service Buyers and Providers to do, in addition to other functions, the following:
- Service Buyers: Post Projects and thereby make Requests for Bids, pay and provide a rating to Service Providers.
- Service Providers: Create profiles, place bids, get hired for the Project, manage interaction with buyer, get rated and provide rating and receive payments from Service Buyer.
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Service Buyer and Provider Relationship
The dealing, and completion of a Project are between a Buyer and a Provider. Upon acceptance of a proposal by Buyer, the Buyer agrees to pay the bid amount as posted by Provider, and in turn the Provider agrees to deliver the Services in accordance with the following agreements:
- The agreement between Buyer and Provider including the proposed bid and Terms as accepted on the Website
- This includes these Terms of Service, and
- Any other contract uploaded to the website by either parties. Both parties agree not to enter into any contractual provisions that are in conflict with these Terms of Service. Any such contract in conflict with these Terms of Service will be considered null and void.
- Service Buyer is responsible for inspecting the work done by Provider, accepting and paying for satisfactory Provider Services that are in accordance with the contract and accomplished in a timely manner.
- Service Provider is responsible for the quality and performance of his/her Services which are in agreement with the Contract made by both parties and the services given by Provider in a timely manner.
- Service Buyer and Provider each agree to act in good faith and fair dealing in agreement with the Contract.
- All payments by Buyer to Provider are to be made through this website. Both parties agree not to receive or give any payment outside this website's domain. Any payments received or given outside this website's domain will be considred in violation on this Terms and Service Agreement.
- Buyer and Provider each acknowledges and agrees that their relationship is that of independent contractors.
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Requirements of Service
- Mavenbyte.com website is not intended for minors.
- Mavenbyte has the absolute discretion as to accept or reject a particular applicant for participation in the service Mavenbyte provides.
- Mavenbyte.com website is available only to entities or individuals who form legally binding contracts under applicable law and in agreement with Terms of Service.
- Mavenbyte reserves the right to terminate their service to any member or site without reason but expressly including any member site that Mavenbyte.com deems to be in violation of the Terms of Services.
- Members who violate this Terms of Service, their accounts will be disabled immediately without prior notification
- For violations done by members other than this Terms of Service, the member will be entitled to receive any payments due from Mavenbyte.com
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Member Relationship with Mavenbyte
- Mavenbyte is not a party to the dealing, contracting and fulfillment of a Project between a Buyer and a Provider
- Mavenbyte does not exercise control nor guarantees the quality, safety or legality of Provider Services as advertised, the accuracy or truth of Project listed, the qualifications, or abilities of its Members.
- Mavenbyte exercises no control or guarantee the ability of Providers to deliver satisfactory Provider Services, the ability of Buyers to pay for services rendered by Providers, or that a Buyer or Provider can or will actually complete a transaction.
- All obligations for the purchase of Provider Services are solely between Buyer and Provider.
- Buyer and Provider must look solely to the other party for enforcement of all the rights due to Member Contracts and any other terms and/or conditions, or warranties associated with such dealings.
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Mavenbyte acting as a third-party beneficiary between Service Buyer and Provider
- Buyer and Provider each agrees and acknowledges that the reputation and value of Mavenbyte's website, largely depends on the performance of their members and the contracts and agreements duly fulfilled by its Members to the satisfaction of each party.
- Buyer and Provider therefore appoint Mavenbyte as a third-party beneficiary of their Contract solely for the purposes of enforcing the obligations owed to, and the benefits conferred on Mavenbyte by these Terms of Service.
- Buyer and Provider consent that Mavenbyte has the right to take actions with respect to the Contract between the two parties involved and their Accounts, including without limitation the suspension, termination, or even legal actions, as Mavenbyte in its sole discretion deems necessary to protect the reputation, and goodwill of the Mavenbyte's website.
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Mavenbyte Fee Schedule
- The details of fee applied for various services offered by Mavenbyte is provided here.
- Service Fee: Is charged by Mavenbyte to cover expenses such as for creating, hosting, maintaining, and providing the website
- Payment Processing Fee: Is to cover expenses that Mavenbyte incurs to monetary agencies and by other such monetary institutions.
- Gold Membership Fee: Both Buyers and Providers can choose this option to cut down on service fee.
- Payment Processing Fee taken by monetary agencies cannot be refunded.
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Payments for Services Rendered by Service Provider
- Buyer: By using the services on this website you agree to use Mavenbyte to make all payments to Providers you interact with on the website, so that Mavenbyte can collect its Service Fee.
- You agree not to take any action directly or indirectly to avoid these fees.
- As a Buyer, you agree to notify Mavenbyte with immediate effect if your Provider demands payments from you outside this website.
- As a Provider, you also agree to notify Mavenbyte with immediate effect if your Buyer demands payments made to you outside this website.
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Eligibility to become a Member
- You must be 18 years of age or older to form legally binding contracts
- By becoming a member, you agree
- To abide by the Mavenbyte Terms of Service procedures and guidelines described in this website
- To be financially responsible for your use of this website and the purchase of Services from Providers and
- To perform your obligations as specified by the Terms that you accept with the other party, unless such obligations are prohibited by law or by the Mavenbyte Terms of Service.
- Mavenbyte reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
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User Account Policies
- In order to become a member and be able to access the website's services, you have to register for an account.
- You agree to provide true, complete and accurate information as prompted on the registration forms and all other forms on this website.
- Should the information collected by Mavenbyte through these forms change, you agree to update this information to maintain its truthfulness, accuracy and completeness.
- You cannot create more than one account without the expressly written permission from Mavenbyte. (Note that, you can be a Buyer or Provider with a single account)
- Your Mavenbyte Account and username are not transferrable, and any transfer or attempted transfer to another party will be considered null and void.
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Hyperlinks to other Websites on Mavenbyte
- Mavenbyte website may contain links to other third party websites. The access and use of services offered by these third parties, including online communication services such as blogging, chat, email, tweets and other such services will be governed by the terms and policies of that website only.
- Mavenbyte is not responsible or liable for the availability or accuracy of such websites
- Mavenbyte is not responsible or liable for the content, advertising, or products on or available from such websites.
- The inclusion of any link on Mavenbyte website does not imply that we endorse the linked website. Your usage of such links are solely at your own risk and discretion.
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Member Representation on Mavenbyte
- You affirm that you are at least 18 years of age and a legal entity and are fully able and competent to enter into the terms and conditions and warranties set forth in this Terms of Service Agreement, and to conform with this Terms of Service Agreement.
- Your User Content and Mavenbyte's use as outlined in this Agreement and the website will not breach any rights of any third party, including but not limited to any Intellectual Property Rights.
- Mavenbyte may exercise the rights to your User Content granted under this Agreement without any liability or warranties for payment of any royalty fees, or any other fees.
- Your User Content
- will not violate any law or regulation.
- will not be defamatory or trade maliciously.
- will not be obscene or contain child pornography or any other kind of lascivious material or graphics.
- will not include incomplete, false or inaccurate information about User or any other individual
- will not contain any viruses or other computer programming routines that are intended to damage, to cause service disruptions, covertly intercept or appropriate any system, data or information.
- By submitting your User Content on Mavenbyte which includes but is not limited to creating an account, posting your profile or your portfolio, posting of a project or sending messages to other members, you grant Mavenbyte a worldwide, perpetual, irreversible, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide.
- Users are prohibited from advertising their website on Mavenbyte. Any URL posted anywhere on Mavenbyte.com, must relate to a project on Mavenbyte.com.
- You are not allowed to make direct contact with another member, unless you as a Service Provider have been selected to work on a project, or you as a Service Buyer have selected a Service Provider to work on your project. This includes but is not limited to giving out your e-mail address, ICQ number, phone number, or any other means of providing your contact information.
- Mavenbyte provides its members with message boards, which is sufficient for pre-project clarification of the project tasks.
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Termination and or Suspension
- This Service Agreement shall become effective as a contractual agreement between you and Mavenbyte upon your acceptance or your use of the website, and shall continue until your Account is terminated by Mavenbyte or you under the terms of this Section.
- Either party may terminate the contractual agreement represented by this Agreement at any time, but after providing acceptable notice to the other party.
- In such an event, your User Account will automatically be terminated and
- Mavenbyte shall continue to perform those Services necessary to complete any open transaction between you and another Member or User Account.
- You will continue to be obligated to pay any amounts accumulated but unpaid as of the date of termination to Mavenbyte for any website Services and to any Service Providers.
- Mavenbyte may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services on Mavenbyte to you if
- you breach any terms and conditions of this Agreement or the linked information incorporated herein by reference, including our policies and procedures as posted on the website
- we suspect that you have provided false or misleading information either on website or in any form of communication, correspondence with us.
- we believe that your actions may cause legal liability for you, our Members or for Mavenbyte or are counterproductive to the interests of the website or the Mavenbyte community in general.
- Once your account has been suspended or terminated, you must not continue to use the website under a different Account, or register under a new Account.
- Any violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
- If you engage in actions or activities which circumvent the use of this website or otherwise reduce fees owed to Mavenbyte under this Agreement, you must pay Mavenbyte for all fees owed to Mavenbyte and in additions reimburse Mavenbyte for all losses and costs which may include, but not limited to payment to concerned Mavenbyte employee time and reasonable expenses including attorney fees related to investigating such breach and collecting such fees.
- Mavenbyte reserves the right and the sole discretion to terminate any User Account access or a Project for any reason or no reason and to refuse to provide membership to you in the future.
- When your Account is terminated for any reason, you will have no longer access to messages, files and any other material you have uploaded to this website.
- Mavenbyte may delete all your previous posts and proposals from the website.
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Step-by-step Payments made by Service Buyer
- Mavenbyte is NOT an Escrow Service. We do, however, have a system in place that allows gradual or step-by-step (or full) payments to a Service Provider working on a project depending on which step Service Provider has finished towards the completion of the project. It will be at the Buyer's discretion to keep adding payments into this special "Escrow" account.
- At your request, Mavenbyte will accept an advance payment from you. We will then hold this payment in a special (Escrow) account until Service Buyer and Provider both agree that the funds should be released to the Provider.
- The step-by-step payment process is optional. Buyer can choose to pay Service Provider the full amount due and then release payment to Provider.
- Once a Service Buyer instructs Mavenbyte to pay a Service Provider for services satisfactorily completed, Mavenbyte will then disburse the total Payment of Project to the Provider.
- However, note that payment into an Escrow account is one way and can only be reversed by a Mavenbyte representative, under the condition that the escrow payment is cancelled by Service Provider or Project cancelled by Service Buyer in an amicable manner.
- If however in the case of a dispute between the two parties, the parties agree to be bound by the terms of "Dispute Resolution" section.
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Dispute Resolution
- Any disputes regarding arrangements between Service Buyers and Providers remain solely between Buyers and Providers. Mavenbyte is not involved in any transactions between you and any other users of Mavenbyte.
- You hereby agree and acknowledge that:
- Mavenbyte is not providing legal services
- Mavenbyte will not advise you on legal matters
- if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Mavenbyte for any such counsel.
- You agree to indemnify and to relieve Mavenbyte from any responsibility or liability for any damage or loss you may suffer as a result of using the Escrow Payment Feature.
- If you have a dispute with any other account holders of this website, you hereby imdemnify Mavenbyte from any and all claims, demands, and damages (actual and consequential) of every kind and nature, in relation to such a dispute.
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Mavenbyte Limited License to Members
- Mavenbyte grants you as a registered account holder (member) a limited license to access and to use this website internally for the purpose of receiving this website's services which are available.
- You must not sell, reproduce, distribute, display, repost or otherwise use any content of this website in any way for any public or commercial purpose without prior written consent of Mavenbyte.
- You must not use any content of this website on any other website
- You will not reverse engineer, attempt to reverse engineer or attempt to interfere with the operation of any part of this website.
- This website may not be reproduced, duplicated, sold or otherwise exploited for any commercial purpose without written consent by Mavenbyte.
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Copyrights
- No copyrighted material can be posted on Mavenbyte including scripts which are sold by the author. Only posting excerpts of such scripts, as examples is permitted.
- Mavenbyte retains all of its right and interest, inventions, copyrights and trade secrets relating to the website.
- The Mavenbyte logo and the name are trademarks of Mavenbyte, and is registered in jurisdiction of the province of Ontario, Canada.
- Any other names, names of products, marks/logos and symbols on this website may be the trademarks of their respective owners.
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DISCLAIMER
- Read our disclaimer in detail here.
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Contacting Us
- To contact us click here.