> Mechspire’s Terms of Service
Mechspire’s Terms of Service

Terms & Conditions

Last Updated: April 2017

Introduction

Welcome to Mechspire.com. Mechspire.com is a marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the J Mechspire.com website, including any content, functionality and services offered on or through www.Mechspire.com (the “Site”), by JouleHub GmbH. (Berghofstrasse 9, 6110 Wolhusen Lucern), as applicable.

Key Definitions

  • “Company”, “Mechspire” (“us”, “we”, “our” and “ours”) means Mechspire Service registerd from JouleHub GmbH.
  • “Customers” means any person who submits or publishes a job on the Website for Industry Professionals to quote on.
  • “Job” means project/job submitted by a customer via our service.
  • “Users”, “You”, means anyone making use of the MechspireServices.
  • “Service” means any procedure or service that is provided by Mechspire to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
  • “Solution Providers” and “Providers”  means any business who registers on the Website in order to quote for work posted by Customers.
  • “Trade Membership” means that a Industry Professionals has an active subscription to receive leads, within their defined working area and for their selected skills and trades.
  • “Website” means the website mechspire.com and all the pages, content and sub-domains contained therein.
  • “Expressing interest”, “Expressed interest” means contacting, quoting or messaging a customer via our Service.
  • “Lead”, is a Job which we give you the opportunity to Express Interest in.

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Switzerland law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Switzerland courts.

If any provisions hereof are held to be illegal or unenforceable 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

Mechspire provides an online marketplace for Professionals of all types, and potential Customers who are in need of their services.

Accuracy of Information

Although we make every attempt to ensure that it is correct and accurate, Mechspire cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.

In using the Services provided by Mechspire, you acknowledge that Mechspire  is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Industry Professional and to negotiate the terms for any work that they undertake, and Mechspire will not be involved or held liable for the agreement between the Customer and Industry Professional.

We recommend that any Customer, before entering into a contract with any Industry Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, Mechspire will not be 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, job descriptions and other content must be civil and tasteful.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from Mechspire, 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 Mechspire does not control, and is not responsible for content made available through the service. Furthermore, the Mechspire site and content available through the Service may contain links to other websites, which are completely independent of Mechspire. Mechspire makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

You understand that Mechspire does not in any way ‘vet’ or approve Industry Professionals who are listed on the site. We firmly believe that comments from previous customers provide the best help in deciding who to hire.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Mechspire 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 Mechspire .

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

Intellectual Property

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

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) Users upload to Mechspire are retained by the copyright owner, and these are added to the site by 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 organizations and individuals

Your interactions with organizations 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 organizations and/or individuals.

You agree that Mechspire 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 third party, you understand and agree that Mechspire is under no obligation to become involved.

In the event that you have a dispute with one or more other Users, you hereby release Mechspire, 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.

Accounts

Opening Account

To become a User and access the Site and Services you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

Accounts

You agree that you will not receive interest or other earnings on the funds that Mechspire.com handles as your contractor. Mechspire.com may receive interest on those funds. Mechspire.com will not be liable for any lost interest on such funds.

All amounts are stated in and all payments will be made in Pounds Sterling. Mechspire.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Mechspire.com Account or face termination and any other remedies available to Mechspire.com to recover the funds.

Any User that Mechspire.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.

Mechspire.com requires you to make all payments to Mechspire.com and to make payments to and accept payments from other Users in the purchase and sale of Services for Mechspire.com projects directly through the mechanisms available on the Site. You understand and agree that Mechspire.com will not hold funds (including Milestone Payments) delivered to Mechspire.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Mechspire.com in any account, at any institution, or in any other manner Mechspire.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Mechspire.com for general corporate purposes or otherwise, provided that Mechspire.com will remain contractually obligated to make payment to you, as a Mechspire or Employer, for any purchases and sales of Services provided by you through Mechspire.com. To the extent Mechspire.com is obligated to make payment to you, you will be an unsecured creditor of Mechspire.com.

Acknowledgement

You acknowledge that: (1) Mechspire.com is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of Mechspire.com to the User with respect to the purchase and sale of Services through Mechspire.com; (3) Mechspire.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through Mechspire.com, you appoint Mechspire.com as your agent to obtain the funds and hold and to transfer such funds to the Mechspire or Employer for Services, subject to these terms and conditions.

Account Balances

If your Account has a negative balance, Mechspire.com may setoff the negative balance with any funds that you subsequently receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, Mechspire.com may setoff the negative balance by using funds you maintain in a different currency balance, or by deducting amounts you owe Mechspire.com from money you subsequently add or receive into your Account. In the event that Mechspire.com offsets a negative balance pursuant to this clause, it may be bundled with another debit coming out of your Account. To secure your performance of this Agreement, you grant to Mechspire.com a lien on and security interest in and to the funds held in your Account in the possession of Mechspire.com.

Inactive Accounts

User Accounts that have been inactive for more than 365 days (“Inactive Accounts”) will incur a dormant account fee of US£10 per month until either the Account is terminated or reactivated.

Mechspire.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

Chargebacks

You acknowledge and agree that Mechspire.com will be entitled to recover any chargebacks that may be imposed on Mechspire.com by a credit card issuer on funds paid to you by Employers through the Site. A chargeback occurs when an employer rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that Mechspire.com may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, Mechspire.com assesses a CHF20.00 fee to Users for credit and debit card payment chargebacks.

Hold on funds

Mechspire.com, in its sole discretion, may place a hold on any or all of the payments you receive when Mechspire.com believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If Mechspire.com places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances Mechspire.com may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favour, Mechspire. com will lift the temporary hold. If you lose the dispute, Mechspire.com may remove the funds from your Account.

Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges, Mechspire.com reserves the right to collect any amounts owing to Mechspire.com by any other legal means.

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Mechspire.com. These taxes will be added to fees billed to you, if applicable.

Please note Australian customers are required to pay an extra 10% goods and services tax on all fees.

Identity Authentication

You authorize Mechspire.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with the Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other identifying documents at any time to reasonably identify you as part of our own anti-fraud measures. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. Commonwealth law may require that Mechspire.com verify the information provided to us before allowing access to fund transfer or withdrawal services through The Site. The Site reserves the right to close, suspend, or limit access to your User Account and/or Mechspire. com Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

Payment Terms, Withdrawals, and Refunds

Bidding Fees – Bidding fees will apply to all jobs posted from 12.01am GMT, Jannuary 1st 2017.

If you are a Industry Professional / Solution Provider, you agree to pay Mechspire a fee every time you bid for a job through our service.

The shortlist fee is clearly displayed on each job page, and will also be clearly marked as you express interest in the job. Each fee is calculated based on the likely size and value of the job, and fees will range from CHF1.00 + VAT (CH) to CHF25 + VAT (CHF).

You agree to pay the shortlist fee whether or not you win the work, and even if your membership has expired. Refunds will not be given. Mechspire cannot influence the outcome of any particular shortlisted job and does not guarantee that solution providers will secure work from the jobs they are shortlisted for.

Withdrawals

All withdrawals will incur a CHF5 + VAT handling charge.

Funds added to your account as a result of a promotion or good will gesture cannot be withdrawn.

References

Mechspire charges a fee for contacting references provided by Industry Professionals. This fee is charged for the effort of contacting the references, and is not dependent on any feedback arising from the reference. References must be paid for in advance. Refunds will not be given after Mechspire has attempted to contact the reference.

Any contact details given will not be displayed on the site or used for marketing purposes, is is your responsibility to ensure that you have the referee’s permission to give their contact details to Mechspire.

It is the responsibility of the Industry Professional to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.

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 14 days overdue your account will be automatically restricted.

Refunds may occasionally be offered in other circumstances at the discretion of JouleHub GmbH.

If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such a purchase.

You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.

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 CHF10 + VAT administration fee.

Feedback

You agree that customers can leave you feedback if after expressing interest you carried out some or all of the job advertised or similar or related work.

All Industry Professionals will be subject to feedback evaluations from Customers for who they carry out work, and thereby understand that Mechspire is not responsible for the evaluation content that those Customers post, or any harm done by such content.

The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, Mechspire may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to a Industry Professional is responsible for its accuracy and legality.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

Mechspire performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.

Removal or lack of feedback does not alter the obligation on the Industry Professional to pay any associated success fee.

Limitations

You acknowledge that Mechspire may establish limits concerning use of the Website, including 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 Mechspire has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that Mechspire reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that Mechspire shall not be liable to you or to any third party 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.

Avoiding Commissions

Prohibition on negotiation of fee outside of Site

You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of Mechspire.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Mechspire being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Mechspire.com if the payment amount increases (above the bid amount) after the project is closed.

You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at Mechspire.com, and such activities interfere with providing such a marketplace. Mechspire.com charges project commissions on all funds received by either direct transfer or Milestone Payment through the site, regardless of the final bid amount.

We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.

Email

Users agree not to post their e-mail address on the site, except in the “e-mail” field of the signup form, or when asked by Mechspire.com. You may use the project message board and inbox private messaging on site to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

Providing contact information

You are prohibited from making direct contact with another User outside of Mechspire.com. This includes giving out your e-mail address, Skype ID, ICQ number, phone number, or any other method of contact outside of this site. Mechspire.com provides you with message boards, which should be sufficient for project planning and communication with other Users unless Mechspire.com intentionally provides such contact information through a feature or function.

Termination of service

You agree that Mechspire, 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 Mechspire believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that Mechspire shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL Mechspire.com, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Changes

Mechspire reserves the right 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 and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.