By accessing and/or using the Website, you agree to the following terms with BMSWork.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and BMSWork LLC (“BMSWork”, “we”, or “us”).
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online venue where Service Providers and Service Seekers connect. Service Providers must register for an Account in order to post their services. The Website enables Users to work together online to complete and pay for Projects.
We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our pricing structure on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.
Unless otherwise stated, all fees are quoted in United States Dollars.
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Website.
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about your location. You must not provide false or misleading information about your business, your skills, or the services your business provides.
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password.
Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User’s Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account. We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the BMSWork LLC Website.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
When a Client pays a Service Provider, or when funds related to an Engagement are otherwise released to a Service Provider as required by this Agreement, BMSWork LLC will release payment to the Service Provider minus a 7% or $25 (whichever is lesser) service fee that BMSWork LLC earns and Service Provider agrees to pay BMSWork LLC for creating, hosting, maintaining, and providing the Website and Website Services (the “Service Fee”).
BMSWork LLC is not a party to the dealings between Client and Service Provider, including posts, proposals, screening selection, contracting, and performance of Service Provider. BMSWork does not introduce Service Providers to Clients or help Service Providers find Engagements. BMSWork merely makes the Website Services available to enable Service Providers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Service Providers for themselves.
Because User identification on the Internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
The Website may contain links to third-party websites. The Website may also contain applications that allow you to access third-party websites via the Website. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that BMSWork LLC is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Website does not imply that we endorse the linked site or application.
For disputes arising between Clients and Service Providers, both parties agree to abide by the dispute process that is set forth by BMSWork LLC to come to a fair and equitable resolution.
If you have questions or need assistance, please contact Customer Support at BMSWork.com/file-a-complaint.