You can also follow the link at the bottom of this page to download the Terms and Conditions as a PDF file.
Section 1. Introduction
MyContractorGenie is an Internet platform for placing jobs for trades and services by entering an Inquiry, obtaining Quotations and subsequent acceptance of a Quotation by the Customer. The platform is operated by MyContractorGenie (a limited liability corporation registered in the United States,PO Box 385, Chanhassen, MN 55317 ), hereinafter referred to as 'MyContractorGenie', 'we' or 'us'. Its use is governed by the following Terms and Conditions (hereinafter referred to as 'Conditions').
Section 2. Definitions
The words and expressions below are used throughout the Conditions, and where they are used, they will have the meanings set out below.
MyContractorGenie The Internet platform operated by us for use in the United States (regardless of the domain logged on to in each case) which can currently be found at www.mycontractorgenie.com
Quotation Procedure Each process for placing a Job conducted via MyContractorGenie. A Quotation Procedure begins with the Customer posting an Inquiry and ends either when the Customer places a Job with the Contractor or when the Customer decides not to place a Job by refusing all Quotations received (if any) or by the Inquiry being withdrawn or blocked
Inquiry The whole of the information entered by the Customer about a Job to be placed by means of the Quotation Procedure, in particular the description of the Job content and the Customer's forum entries adding to or amending this description, and further criteria and requirements concerning performance of the Job
Job The whole of the trade service or other services for which a Quotation is requested by means of an Inquiry on MyContractorGenie, including where applicable any supplementary supplies or services such as the delivery of materials to be provided by the Contractor and used to carry out the Job
Quotation The amount required by a Bidder and posted on MyContractorGenie as the price for carrying out a Job, including any additional information entered by the Bidder using the functions provided for this on MyContractorGenie
User A person who logs on to or arranges for someone to log on to MyContractorGenie or any part or parts of it (e.g. individual files or functions), whether registered as a Member or not
Member A User who has registered with MyContractorGenie by setting up a membership account and by entering into a Membership Agreement
Customer A Member who posts an Inquiry on MyContractorGenie
Bidder A Member who has submitted one or more Quotations in response to an Inquiry placed on MyContractorGenie
Contractor The Bidder whose Quotation has been accepted by the Customer
Fees for Use The fees we charge for using MyContractorGenie
Section 3. Scope of These Conditions
3.1 These Conditions apply to the use of the MyContractorGenie language website for use in the United States. On registration with MyContractorGenie, a Membership Agreement is entered into between the User and us, the content of which is in accordance with these Conditions. The details of the Membership Agreement are as set out in clause 10. As part of the registration process, the User must expressly agree to these Conditions. On agreeing to the Conditions by activating the entry field and the "Register now" button provided for this purpose, the User who is registering agrees that these Conditions constitute a binding part of the Membership Agreement. The version of the Conditions current at any particular time can be accessed via a link at the bottom of each page of MyContractorGenie.
3.2 Supplementary conditions apply to certain features, services or areas of MyContractorGenie (e.g. where applicable escrow services, partner program, "Certified Member" and making payments by using external payment systems). These Conditions expressly incorporate such supplementary conditions. The Member is referred to such supplementary conditions before carrying out the specific feature or utilizing the specific service for the first time. The Member expressly agrees to the supplementary conditions in each case and recognizes that these are also binding upon him and that use of such features, services or areas will amount to acceptance of the relevant supplementary conditions. The supplementary conditions shall also apply to any future use of the same feature, service or area.
Section 4. General Provisions for Using MyContractorGenie
4.1 When using MyContractorGenie, the User must observe and comply with the law in force and the provisions contained in these Conditions. This applies in particular to the content of the items posted by Member on MyContractorGenie (e.g. Inquiries or ratings).
4.2 We expressly draw to the attention of Users that they should not use MyContractorGenie for illegal activities. It is prohibited to submit Inquiries to be carried out in breach of the law such as by cash in hand or other method of remuneration for the purpose of not paying relevant taxes or statutory payments. This also applies to negotiations or any activities in preparation for illegal activities for such purposes, such as cancelling Inquiries or not placing Jobs.
4.3 We also expressly refer to the fact that both the provision of and the remuneration for services in certain sectors may be governed by statutory or other regulations and cannot therefore be freely negotiated. It is the responsibility of Members, particularly of the Bidders, to check for any such restrictions and ensure that they comply with them, including, where relevant, drawing such restrictions to the attention of the other party.
4.4 It shall be prohibited to transfer any information to personally contact other Members (hereinafter: "Contact Data"), unless the features expressly provided by MyContractorGenie for this purpose are used for contacting. In particular, it shall not be admissible to publish Contact Data during the Quotation Procedure, in the Member's profile, in Quotation comments or other content posted by a Member, including image files or other files, by avoiding such Contact Features. Clause 16.2 shall apply to any breach of this provision.
Section 5. Purpose, Transfer and Termination of the Membership Agreement
5.1 The purpose of the Membership Agreement is solely to allow access to MyContractorGenie based on these Conditions, the schedule of fees and where appropriate the relevant supplementary conditions (see clause 3.3). The Membership Agreement does not include any services of an intermediary or broker.
5.2 Access to view public areas of the MyContractorGenie website (in accordance with these Conditions) is open to any User. The use of further functions or services (e.g. posting Inquiries and the participation in Quotation Procedures), requires prior registration as a Member.
5.3 We provide MyContractorGenie in the form and with the functions and services in each case on an "as is" and "as available" basis on the website. We cannot and do not guarantee that the services on MyContractorGenie will meet a User's requirements or that access to MyContractorGenie will be uninterrupted or error-free. A User is not entitled to the provision or continuation of any specific functions or services, and nor does a Membership Agreement entitle a Member to access to, or to the continued availability of, any specific functions or services. We are entitled to change the content of the available functions and services, to suspend them temporarily or permanently, to introduce new functions and to make any functions subject to specified conditions.
5.4 We are not a broker or intermediary of any type.
5.5 We are not involved with, or in the performance of, the Jobs placed on the platform whether as a contracting party or a representative or agent of a contracting party or in any other way.
5.6 Notifications, which the MyContractorGenie system generates in connection with an Inquiry, a Quotation or a Quotation Procedure, are provided only for the information of the Member concerned. Where these notifications contain statements with any legal significance, these are deemed to be given by the party concerned.
5.7 Where a contract for carrying out a Job is concluded by using MyContractorGenie, only the Members entering into it (Customer and Contractor) are parties to the contract for that Job.
5.8 For all matters relating to a Job (e.g. concerning agreements as to payment, timelines or warranty claims), the Member should in all cases contact the other contracting Member.
5.9 Jobs are carried out exclusively between the Customer and the Contractor.
5.10 We are not responsible for, nor obliged to receive or process, complaints against other Members nor to mediate in or resolve disputes between Members, unless the complaint concerns the performance of our legal or contractual obligations.
5.11 We are entitled to transfer our rights and obligations under the Membership Agreement entirely or partially to a third party by giving not less than four weeks' notice to the Member. If the Member does not agree to the transfer, the Member can terminate the Membership Agreement with immediate effect (e.g. by closing his Member's account).
5.12 Both we and the Member can terminate the Membership Agreement at any time by notice effective immediately. When a Member gives notice of termination, he agrees that Jobs posted but not yet placed at the time of termination and Quotations not yet accepted are void and no longer have any effect. We will delete any such Inquiries and Quotations on receipt of the notice of termination or immediately afterwards. Such actions shall not give rise to any liability on our part.
Section 6. Registration / Secrecy of Access Data / Presentation of Certificates
6.1 As stated in the clause 5.2 above, to use any functions other than searching for Jobs (e.g. entering inquiries or submitting Quotations), registration as a Member is required. The User has no right to registration or activation as a Member in order to use additional functions of MyContractorGenie. Clicking the "Register Now" button and subsequent: 1) activation of the Member account and, 2) confirmation of registration by us forms a binding Membership Agreement with us, the contents of which are set out in these Conditions.
6.2 Only legal entities and persons aged 18 or over with full legal capacity may register. A legal entity can only be registered by a person who is authorized to do so and whose name must be given.
6.3 Any data posted on the MyContractorGenie website, in particular, the information requested during registration and for drawing up the Member's profile, must be given fully and truthfully. In case of subsequent changes, these data, in particular the address and other contact data, and in the case of Contractors the additional information in the Member's profile, must always be kept up-to-date via the Member's account.
6.4 The membership name selected by the Member must not infringe any valid right, offend common decency or harm the rights of third parties. In addition, it must not include the term "MyContractorGenie" or any similar term, an email or Internet address or other Contact Data such as phone numbers. The Member's name and password are to be kept secret, unless it is necessary to disclose them to use MyContractorGenie (e.g. when individual features or services of MyContractorGenie are provided by third parties) and it is necessary to log on to take advantage of these. When requested to communicate or enter the Member's name and password, the Member must always check, to the extent that it is possible and reasonable for him to do so, whether this request is from MyContractorGenie or from an authorized third party, in order to prevent the misuse of registration data and the Member's account.
6.5 It is not permitted to set up more than one Member's account for the same person or legal entity.
6.6 The Member may not assign the Membership Agreement. The Member's account is not transferable.
6.7 Members who wish to use MyContractorGenie for commercial purposes shall within seven days of registration send a copy of their state license (confirmation of registration) to MyContractorGenie (for contact information, refer to www.mycontractorgenie.aboutus. _______). The same applies to any other information posted by a Member on the MyContractorGenie website regarding special qualifications, permissions, memberships and similar information, which must be verified by sending the relevant documentation to use (e.g. diploma). If possible, the documents are to be presented in one transmission. If this obligation is not fulfilled, we reserve the right to: not grant the Member activation; or, to ban him.
6.8 Irrespective of the User's obligations specified in clause 6.3 (indication of correct data) and 6.7 (provision of documents), MyContractorGenie does not warrant that data posted by Members, such as information regarding identity, address, qualifications, references or solvency, are correct. Thus, it is the responsibility of each Member to check the relevant data of other Users itself, if necessary. MyContractorGenie will track any information on incorrect data. If need be, we will ask the respective Member to correct such data, or we will block or delete such data accordingly.
Section 7. General Rules on Conducting Quotation Procedures
7.1 Once a Job has been posted on MyContractorGenie as an Inquiry, it must not be offered in any other way while it is still open to Bidders. If the Customer wants to place the Job outside MyContractorGenie, the Customer must withdraw the Inquiry beforehand by means of the feature available for this purpose. Refer to clause 11 of these Conditions for the details and consequences of withdrawing a Job.
7.2 Members may submit offers to carry out Jobs to a Customer only in the form of a Quotation relating to the Inquiry concerned on the MyContractorGenie website. Clause 16.2 shall apply accordingly to any breach of this provision.
7.3 If the Customer receives offers in relation to an Inquiry posted by him in a form other than as a Quotation (see clause 7.2), in particular outside MyContractorGenie, the Customer must refuse the offer and ask the User making the offer concerned to submit the offer on MyContractorGenie. In the case of a Customer placing a Job with the persons or companies who have offered via MyContractorGenie in whatever form to carry out the Job where the contact with such persons or companies was initiated via MyContractorGenie, the Customer may place that Job only via MyContractorGenie in accordance with clause 12. Clause 16.2 shall apply accordingly to any breach of this provision.
7.4 Once a Quotation for a Job posted on MyContractorGenie has been accepted by the Customer in accordance with clause 12.1, the contracting parties – Customer and Bidder – should make contact with each other after the validity period of the Inquiry ends. Failure to comply with this obligation can lead to suspension or blocking of the Member's account.
Section 8. Posting Jobs and Their Content / Prohibited Inquiries
8.1 Posting a Job as an Inquiry constitutes a non-binding request from the Customer for Members to submit Quotations for the Job posted. A Job is only placed by a Bidder being selected to carry out the Job and his Quotation being accepted in accordance with the procedures set out in clause 12.1.
8.2 The Customer must describe the Job as accurately and fully as possible in the Job description when posting the Inquiry to give Bidders a reliable basis for calculation. All Quotations and other statements as to prices (e.g. the price stated by the Customer when posting the Inquiry) must relate to the complete Job in each case. Quotations must not be broken down into individual items (e.g. to a price per unit of time or a price per unit of are or unit of volume) unless the Bidder uses the features provided specifically for this purpose. Clause 16.2 shall apply accordingly to any breach of this provision.
8.3 It is prohibited to post Inquiries which infringe the law, the rights of third parties, the provisions of the Membership Agreement or common decency. This applies in particular to Inquiries:
* which contravene or are designed to allow contravention of any legal requirements relating to payments of taxes or other statutory payments,
* for services which it is prohibited by law to offer, market or apply for (e.g. unauthorized gambling),
* which may jeopardize the health or safety of persons or animals,
* which infringe our copyright or other intellectual property rights or those of a third party,
* in which permissible services are linked together in an unauthorized manner, or
* in which the remuneration is to be paid exclusively or partially in the form of commission depending on volume of sales.
We reserve the right to delete such Inquiries.
Section 9. Questions and Answers Section of the Website
9.1 A communication area is available for every Job entered as an Inquiry. The aim of this area is to facilitate communication between the Customer and Bidders or Members interested in submitting a bid for clarification of the details of the Job (hereinafter: Questions and Answers Section).
9.2 Additional information to supplement the Job description is summarized in the Questions and Answers Section. The Customer should answer questions promptly, fully and accurately provided that they relate to the content of the Job, and insofar as it is possible and reasonable for him to do so.
9.3 All postings in the Questions and Answers Section must relate to the Job and be worded factually. Information to enable personal contact to be made, Quotations, indication of prices and advertising message must not be posted in the Questions and Answers Section. To do so, the features on MyContractorGenie for such purposes shall be used.
9.4 Answers from the Customer to questions raised in the Questions and Answers Section which clarify or supplement the Job description become part of the Job description. A Bidder remains bound by his Quotation with regard to the modified Job description unless and until the Quotation is withdrawn. The Bidder may, after withdrawing a previous Quotation, submit a new Quotation taking into account the new Job description.
9.5 Inquiries and Quotations cannot be validly withdrawn by a message in the Questions and Answers Section. To do so, the features provided on MyContractorGenie for such purposes shall be used. Inquiries and Quotations can only be withdrawn in accordance with clause 11 with the consequences indicated therein.
Section 10: General Rules on Submitting Quotations
10.1 Quotations for carrying out a Job posted as an Inquiry on MyContractorGenie must only be submitted via MyContractorGenie using the features provided for this purpose and before the expiration of the Inquiry deadline (refer to clause 7.2).
10.2 Each Quotation must indicate the sum which the Bidder actually intends to invoice the Customer for carrying out the Job. Quotations must always be stated as gross sums including the applicable sales tax. The indication of net prices is only permitted if the Customer expressly requests or permits this. Bidders are responsible for determining any matters relevant to their calculation before submitting the Quotation, and if appropriate should – in their own interest – arrange a site meeting with the Customer to view the conditions for performance of the Job.
10.3 Submitting bogus Quotations with the aim of reducing or avoiding Fees for Use is prohibited. This includes splitting up Jobs with a fixed overall volume into smaller units (see clause 8.2), unless features specifically provided on MyContractorGenie for this purpose are used. We point out that fraudulent breach of this provision can be a punishable offense. We reserve the right to take such action as we reasonably consider appropriate in the event of any such activity including without limitation immediate suspension or termination of the Membership Agreement of the Members involved and, in the case of the Bidder, by applying the compensation provisions of clause 7.2. Clause 16.2 shall apply accordingly to any breach of this provision.
10.4 The Bidder remains bound by a Quotation entered on MyContractorGenie and not withdrawn in accordance with clause 11 for a period up to four weeks beyond the end of the validity period of the Inquiry. By submitting a Quotation, the Bidder undertakes to carry out the Job even if the Customer only gives him the Job during the Examination Period in accordance with clause 12 or during the period of two weeks after it has ended (provision with protective effect for third parties in accordance with clause 3.2).
Section 11. Withdrawal of Inquiries and Quotations
11.1 Inquiries and Quotations can be withdrawn before the final placing of a Job using the features provided for this as long as the validity period of the Inquiry has not yet ended.
11.2 Inquiries and Quotations which have been withdrawn are listed in the Member's profile. On withdrawal, the respective Inquiry or Quotation is treated as not having been posted. This applies to Inquiries which have been withdrawn even if one or more Quotations have already been submitted in response to the Inquiry. Every Member declares on acceptance of thee Conditions at the time or registration and entry into the Membership Agreement that for this purpose with regard to the specific postings (Inquiry and Quotation) it grants the other Members participation in an Inquiry in each case a corresponding right of withdrawal. At the same time, each Member waives all claims for compensation for expenditure or damages which may exist, regardless of the party against whom they are directed (provisions with protective effect for third parties in accordance with clause 3.2).
Section 12. Placing Jobs / Examination Period / Refraining from Placing a Job
12.1 A Job is placed via MyContractorGenie by the Customer accepting a Quotation submitted in response to his Inquiry. A Quotation can be accepted in one of the two following ways:
12.1.1 Active placing of a Job (before or after the end of the validity period of the Inquiry). To place a Job actively the Customer expressly accepts one of the Quotations submitted for his Inquiry by using the functions provided for this purpose in the MyContractorGenie system. By this action, the Customer expressly accepts the Quotation and confirms his intention to be unconditionally bound by it. Active placing either can occur before the end of the validity period of the Inquiry (hereinafter known as "Immediate Awarding") or after it has expired during the Examination Period in accordance with clause 12.3.
12.1.2 Automatic placing of a Job (after the end of the validity period of the Inquiry and upon expiration of the Examination Period). With automatic placing of a Job, the Customer accepts the Quotation pre-selected by the MyContractorGenie system without express separate confirmation, by allowing the Examination Period according to clause to expire thus leading to placing of the Job by the MyContractorGenie system. After expiration of the validity period of the Inquiry, the Customer will be automatically informed which Bidder has been nominated and point out that after expiration of the Examination Period (clause 12.3) the Job will be automatically placed with this Bidder. If automatic placing is activated, it can still be deactivated by the Customer during the Examination Period of a particular Job and thus prevent the acceptance of the nominated Quotation. The Customer can deactivate automatic placing either by withdrawing the pre-selection using the relevant feature in the MyContractorGenie system or by accepting the Quotation of another Bidder by actively placing a Job. If the Customer has not made use of this option, he thereby declares the binding unconditional acceptance of the Quotation from the Bidder selected by the MyContractorGenie system on expiration of the Examination Period in accordance with this clause. MyContractorGenie shall be entitled to deactivate automatic placing for certain Quotations or as a whole. In this case, the provisions for automatic placing above will not apply.
12.2 If the Customer does not accept any Quotation by way of Immediate Awarding before the validity period of the Inquiry expires, after the validity period of the Inquiry expires, MyContractorGenie will – unless automatic placing according to clause 12.1.2 has been deactivated – pre-select a Quotation first and inform the Bidder who has placed it. This notification is only for information and does not constitute acceptance of the Quotation by or for the Customer.
12.3 From the end of the validity period of the Inquiry there is a period of fourteen days ("Examination Period") to enable the Customer to examine the Quotations received in response to his Inquiry. The Customer is entitled to examine the Quotations during the Examination Period and is advised to do so. If the Customer considers that a Quotation is suitable, he can place the Job via MyContractorGenie during the Examination Period by way of active placing in accordance with clause 12.1.1 or automatic placing in accordance with clause 12.1.2. If the Customer does not want to accept any of the Quotations he can refrain from placing a Job by not actively placing it and deactivating the automatic placing – if activated. The Examination Period is ended by active placing of a Job during the Examination Period.
12.4 The conclusion of a contract and fulfillment of the contract in the case of Jobs placed via MyContractorGenie take place according to general contract law. Thus, any features for placing a Job shall be used in accordance with contractual provisions only. The cancellation or termination of a contract concluded between the Customer and the Contractor, too, is only possible when the relevant legal requirements are fulfilled. Insofar as MyContractorGenie provides features for declaring cancellation, effecting a withdrawal, a termination or other rights to alter a legal relationship, after the Examination Period has expired, these do not grant any rights extending beyond the statutory and other legal rights relating to the relationship between the Customer and the Contractor (see clause 5.4 concerning our role and role of the parties to a contract for a Job).
Section 13. Rating System
13.1 Members have the opportunity to rate other Members participating in a Quotation procedure using the MyContractorGenie rating system. The performance of a Job placed via MyContractorGenie shall only be rated by the Members involved. Any other aspects, such as the quality of communication with another Member, may be also rated by other Members. The performance of a Job shall not be rated until the respective service has been completely performed. If the performance of a Job fails by fault of a Member involved, it is permissible to give a negative rating. The aim of the rating system is to build up a meaningful profile of the performance, reliability and trustworthiness of Members.
13.2 To achieve the aim mentioned above, each Member must give only objective and truthful comments when rating other Members. There should not be any statements made contrary to the objective of the rating system. In particular, there should be no unnecessary, irrelevant or insulting statements. Any such statements may result in complete or partial deletion of the rating, suspension of the Member, termination of the Membership Agreement and/or other appropriate measures.
Section 14. Fees for Use / Terms of Payment
14.1 We charge Fees for Use according to the schedule of fees available on MyContractorGenie. The Member who uses chargeable features on MyContractorGenie is required to pay these Fees for Use. In particular, it is at the Bidder's expense to place a Quotation in case such Quotation is finally accepted by the Customer. The schedule of fees may include additional regulations.
14.2 The Fees for Use are the consideration for using chargeable features of MyContractorGenie. We do not make any warranties regarding the fitness of the services performed using the respective feature for a certain purpose, irrespective of whether the suitability has not existed from the beginning or has ceased to exist after the service has already been performed. The risk of use shall be borne by the User. In particular, any Fees for Use incurred by the placement of a successful Quotation are not dependent on the actual performance of the Job. This obligation to pay Fees for Use therefore still applies if a Job is placed via MyContractorGenie, but subsequently it is not carried out and/or a contract concluded between the Members concerning the performance of a Job is later terminated. We may waive our right to receive Fees for Use, as a gesture of goodwill. The grant of any such waiver is entirely within our absolute discretion and if so granted is always without accepting any legal obligation to do so.
14.3 As far as the Fees for Use are determined based on amounts stated in the Quotation Procedure (price stated by the Customer in the Inquiry, price quoted and price on placing the Job) they are calculated according to the figures stored in the MyContractorGenie system. This amount serves only as a basis for assessment. It is therefore irrelevant whether the amount is gross or in exceptional cases a net amount (see clause 10.2).
14.4 The Fees for Use become due immediately and must be paid within seven days after receipt of the services performed using the methods of payment already offered by us. We shall be entitled to give any additional instructions concerning payment, e.g. to indicate a date of payment in an invoice. Our rights relating to interest on late payments and right to recover shall not be affected.
14.5 Any additional costs, which we may incur in respect of the recovery of Fees for Use (e.g. bank charges incurred through the Member or expenditure caused by default), are to be borne by the Member concerned in addition to the sum payable for Fees for Use. For each appropriate demand, we charge a fee of $10.00 and in the case of the cancellation of money transfer the Member must reimburse to us the cancellation fees charged by the bank.
14.6 Members undertake not to take any action to avoid the obligation to pay Fees for Us. In the event of breach of this provision, Clause 16.2 shall apply accordingly.
Section 15. Responsibility for Content / Our Liability
15.1 The content of Inquiries posted on MyContractorGenie, entries in the :Questions & Answers" area, Quotation or rating comments and member profiles is drawn up exclusively by the Member concerned. Thus, we will consider such content as external content. The Member who posts the content in question is exclusively responsible for it. If we are notified of or otherwise become aware of content which might be illegal, defamatory or unauthorized we shall immediately examine the content concerned and if the content is found to be illegal, defamatory or unauthorized, we shall b entitled to delete it or block access to it.
15.2 We provide MyContractorGenie in the form and with the features which are from time to time available. We have no obligations to provide or to maintain any specific features (see clause 5.3). No guarantee is given with regard to the availability of the system. The system will at times be entirely or partially restricted for routine or emergency maintenance work or for other reasons, e.g. with regard to individual features (hereafter referred to as "Restricted Availability"). Liability for the consequences of Restricted Availability of whatever kind and for whatever reason is excluded. We shall not incur any liability for any consequences of Restricted Availability on the performance of Quotation Procedures, for instance because an Inquiry cannot be posted of a Quotation cannot be submitted, or an Inquiry expires in a period of Restricted Availability.
15.3 We warrant to the User that MyContractorGenie will be provided using reasonable care and skill and, unless we are prevented by circumstances beyond our reasonable control, accordance with these Conditions. For the avoidance of doubt, the user is also referred to clause 5.4 concerning the extent of our role and the role of the parties to a contract for a Job).
15.4 We shall have no liability to the User for any loss, damage, costs, expenses or other claims for compensation arising from an information or instructions supplies by the User, which is or are incomplete, incorrect or inaccurate.
15.5 We shall not be liable to the User by reason of any delay in performing, or any failure to perform, any of our obligations in relation to MyContractorGenie or any of its features, if the delay or failure was due to an act of God, war, terrorism, failure of power or internet service provision, or any other cause beyond our reasonable control.
15.6 We shall not be liable to the User for any unforeseeable loss or damages arising from the provision (or non-provision) of MyContractorGenie or any of its features, including loss of profit or consequential loss or damage.
15.7 T enable us to deal with any complaint that may arise relating to MyContractorGenie or any of its features, the User must provide full details of any complaint within fourteen days of the supply of the relevant services by us.
15.8 Nothing in these Conditions affects any liability for death or personal injury caused by our negligence or for fraudulent misrepresentation, or the User's statutory rights as a consumer.
15.9 The remaining provisions of this Clause 15 apply if you are not a consumer i.e. they apply if you are acting in the course of your trade, business or profession, but not if you are an individual not acting in the course of your trade, business or profession.
15.10 The following provisions of this clause 15 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to the User who is not a consumer (i.e. to a User who is acting in the course of his trade, business or profession) in respect of:
15.10.1 any breach of these Conditions or the Membership Agreement;
15.10.2 any use made by the User of MyContractorGenie, its functions or any part of them; and
15.10.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with these Conditions or the Membership Agreement.
15.11 All warranties, conditions and other terms implied by stature or common law are, to the fullest extent permitted by law, excluded from these conditions or the Membership Agreement.
15.12 Nothing in these Conditions limits or excludes our liability for:
15.12.1 death or personal injury resulting from negligence; or
15.12.2 any damage or liability incurred by the User as a result of fraud or fraudulent misrepresentation by us.
15.13 Subject to Clauses 15.11 and 15.12 we shall not be liable for:
15.13.1 loss of profits; or
15.13.2 loss of business; or
15.13.3 Depletion of goodwill and/or similar losses; or
15.13.4 loss of anticipated savings; or
15.13.5 loss of goods; or
15.13.6 loss of contract; or
15.13.7 loss of corruption of data or information; or
15.13.8 Subject to Clauses 15.11 and 15.12 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Conditions or the Membership Agreement shall be limited to the amount paid to us by the User by way of Fees for Use in respect of the use of MyContractorGenie service or functions, which gave rise to the liability or $1,000 whichever is greater.
Section 16. Breaches / Sanctions / Exemptions
16.1 MyContractorGenie reserves the right in the event of breaches of these Conditions to impose the following sanctions.
16.2 In the event of breaches of
• Clause 4.4 (prohibited transmission or publication of Contact Data)
• Clause 7.2 (submitting of Quotations outside MyContractorGenie)
• Clause 7.3 (no refusing of Quotations submitted contrary to clause 7.2)
• Clause 8.2, 10.3 (prohibition of submitting bogus Quotations)
• Clause 14.6 (prohibition of avoiding Fees for Use), or
• Clause 16.6 (prohibition of renewal of registration after banning)
The Member concerned – if several Members are involved. As joint debtors – shall be bound to pay damages as a lump sum to us to compensate the expenses incurred by the prosecution of such breach, unless it was not Member's fault. The calculation of damages is subject to clause 16.3 and 16.4 we reserve the right to enforce any further claims for damages. It shall be the Member's responsibility to provide evidence of a lower damage.
16.3 Insofar as it concerns a breach of the provisions under clause 16.2 in connection with a certain Inquiry, the damage amounts to the threefold of the Fees for Use which would have incurred if the Job had been placed via MyContractorGenie. In principle, the calculation of the Fees for Use is based on the Customer's price expectation or the highest quotation for the Inquiry, depending on which amount is higher. If there is neither any price expectation nor quotation, or if those fall below the usual remuneration for the performance of a Job ("Order Value") by more than a half, we shall be entitled to fix the amount of damages based on an Order Value to be estimated at our own discretion. The Member shall have the right to have our assessment verified by the competent court.
16.4 Insofar as it concerns a breach of the provisions under clause 16.2 independent of a certain Inquiry (e.g. caused by contents published in a Member's profile), damages to be paid as a lump sum shall amount to $ 1,000.
16.5 We reserve the right in the case of breaches of these Conditions, depending on the nature of the breach, without prior notice and without stating any reasons to block or delete Inquiries, Quotations and ratings posted in breach of these Conditions, or other content, to exclude Members acting in breach of these Conditions or in breach of the Membership Agreement temporarily or permanently ("banning") or at our reasonable discretion to take such measures as are suitable to prevent such breaches or bring them to an end. In so doing, we shall reasonably take into consideration the interests of the Members concerned. A breach occurs in cases including the following:
* the Member knowingly supplies false information;
* Jobs are posted when it can be established in advance or is obvious that they cannot be carried out at the highest price indicated, or for which the price is substantially out of proportion with the content of the Inquiry;
* Jobs posted on MyContractorGenie should be placed in a different way from that envisaged on MyContractorGenie;
* the processing of Inquiries is disrupted, for example, by bogus Quotations;
* entries placed in the Questions and Answers Section or in the rating system or made in some other form which are defamatory, designed to undermine or devalue the system or otherwise lack objectivity;
* the Member does not pay fees charged, or does not pay them in full or when due for payment; or if
* the Member makes modifications or takes other actions likely to cause damage to us or to MyContractorGenie in any way.
16.6 Members who have been banned will be denied further use of and renewal of registration on MyContractorGenie.
16.7 The User indemnifies us against and releases us from all claims, costs and losses, to which we are exposed in connection with culpable infringement by the User against his obligations under these Conditions, in particular when claims are made by third parties on account of infringement of their rights (e.g. intellectual property rights or personal rights), including costs incurred by processing and legal defense (e.g. internal processing expenses, lawyers' fees and court costs).
17.3 On receipt of the Member's request, his personal data will be deleted save to the extent they are required to carry out Quotation Procedures, including the Fees for Use to be paid to us. The Member must recognize that on deletion of his personal data, his ability to use MyContractorGenie may be restricted or impossible.
Section 18. Communication
18.1 All notices relating to these Conditions are to be given in writing or electronic text form (email) and sent or delivered as follows:
18.1.1 If to us: the contact information for us current at any particular time can be found under Company Details.
18.1.2 If to the Member: the data entered in the Member's account are considered as the Member's contact data.
Notices sent by us or by a Member using this contact data by email are deemed to have been delivered at the time of sending, notices delivered in person are deemed to have been served on delivery and notices dispatched by mail are deemed to have been delivered two working days after posting provided they are sent by USPS and properly addressed in accordance with the clause 18.1, unless we or the Member to whom the notice was addressed provide evidence of a later time or arrival.
18.2 Insofar as communications between a Member and us or between Members are sent by email and are therefore in electronic text form, the Member recognizes the binding effectiveness of statements of intent transmitted by this means.
18.3 The email must include the name and email address of the sender and the date and time it was sent, and in the case of emails sent by a corporate entity, the additional details required in relation to such entities.
18.4 We point out that confidentiality is not guaranteed for data, information, etc. communicated on the Internet. On request, the communication with us can be carried out using a recognized encryption method.
18.5 An email received in accordance with the above provisions will be considered as validly coming from the owner of the sender's address subject to evidence to the contrary.
18.6 Any communication in relation to these Conditions and/or the Membership Agreement may be by email except where expressly stated otherwise.
Section 19. Information for Consumers on Cancellation
19.1 You have the right to cancel the Membership Agreement at any time up to the end of fourteen days after the day on which the Membership Agreement is concluded as set out in this clause 19. This period of time begins on receipt of this information in written form, but not before the Membership Agreement is entered into nor before we fulfill our obligations to supply information in accordance with The Consumer Protection laws. To cancel during the cancellation period you should notify us in written form (e.g. by letter, fax or email). You do not have to give any reasons.
The cancellation can be sent to us as follows:
Send an email to email@example.com, or letter to address stated Section 1 of these Terms and Conditions, stating date and your username.
19.2 Consequences of cancellation – Once you have notified us that you are cancelling the Membership Agreement, we will within 30 days refund or re-credit to you any sum that has been paid by you or debited from your credit card under the Membership Agreement for services we have provided, and you will return to us anything we have supplied to you. Please note this does not apply in circumstances in which your right to cancel has expired under clause 19.3.
19.3 Special notes – Your right to cancel expires if we have started providing the service to you with your express consent before the end of the cancellation period or you yourself initiated this. Providing the service includes any use of MyContractorGenie (e.g. posting an Inquiry, submitting a Quotation, etc.).
Section 20. General Provisions / Applicable Law / Jurisdiction
20.1 For calculation, expiration and compliance with dates, periods of time or time limits, US Central Time is applicable. The time indicated in the upper area of the MyContractorGenie page may deviate from this time and is therefore not binding. It serves only as an approximate guide.
20.2 The version of these Conditions in force at the time of registration form part of the Membership Agreement between the Member and us. We are, however, authorized to modify the Conditions at any time with future effect in compliance with the following procedure:
20.2.1 Members shall be informed of such modifications by email 21 calendar days before the proposed date when the modifications come into force.
20.2.2 A Member can object to the modifications in writing or in text form (e.g. by email). The Member has a period of 21 days from receipt of our notice to notify us of his objection. If no objection is received and the Member continues to use MyContractorGenie after expiration of the period for objection, or if the Member agrees to the modifications, the modified provisions as effectively agreed apply to all services to be provided after expiration of the period of time.
20.2.3 The posting of an Inquiry, a contribution to a forum or a rating comment, or the presentation of a Quotation by the Member after receipt of our notice about the intended modification to the Conditions counts as consent.
20.3 In the notice summarizing the modifications, MyContractorGenie draws the Member's attention to the above-mentioned period of time and to the legal consequences of its expiration if the opportunity to object is not taken. If the Member objects within the period allowed and in writing or in electronic text form, the Membership Agreement will continue according to the previous conditions. The contractual rights of the parties to terminate the Membership Agreement unchanged.
20.4 These Conditions and all matters arising out of or in connection with them or their subject matter, including the Membership Agreement, shall be governed by, and construed in accordance with, the law of the United States of America.
20.5 We and the Member irrevocably agree that the US courts shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or their subject matter, including the Membership Agreement.
We sincerely hope that Members will always be satisfied with MyContractorGenie and the service we provide. However, if a Member has any question or complaint about us or any claim against us, we would like to do our best to resolve this as soon as possible. To give us this opportunity, please do not hesitate to contact us.
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