Terms and Conditions

Introduction

Please read these Terms of Service ("Terms") carefully before using the https://www.Bidsketch.com website ("Service") operated by Earthlingsoft, LLC DBA Bidsketch, a limited liability company governed by the laws of the State of Oregon (“Bidsketch,“ "us," "we," or "our"). The Service is a platform where users of the Service may create professional looking proposals and may have them signed using electronic signatures.

These Terms are an agreement between you or the entity you represent ("you," "your," or “yours”) and Bidsketch. The Terms include and hereby incorporate by reference Bidsketch’s Privacy Policy found at www.bidsketch.com/privacy.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “yours” will refer and apply to that entity.

Communications from Us

By creating an Account on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we or our partners may send from time to time. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Paid Subscriptions: Automatic Billing, Billing Cycle & Cancellation

Some features of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis (“Automatic Billing”). Your billing cycle will last a month or a year, depending on the type of subscription plan you select when purchasing a Subscription (“Billing Cycle”).

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or Bidsketch cancel(s) it. You may cancel your Subscription renewal either through your online account management page or by contacting Bidsketch customer support team.

Paid Subscriptions: Automatic Billing, Billing Cycle & Cancellation

Some features of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis (“Automatic Billing”). Your billing cycle will last a month or a year, depending on the type of subscription plan you select when purchasing a Subscription (“Billing Cycle”).

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or Bidsketch cancel(s) it. You may cancel your Subscription renewal either through your online account management page or by contacting Bidsketch customer support team.

Payment Terms

A valid credit or debit card is required to process the payment for your Subscription. You shall provide Bidsketch with accurate and complete billing information including full name, address, state, zip or postal code, telephone number, a valid credit or debit card number, and its expiration date and CVV number. By submitting such financial information, you authorize Bidsketch to charge you for all Subscription fees incurred through your account.

Should Automatic Billing fail to occur for any reason, Bidsketch will issue an electronic invoice requesting you to proceed with paying the Subscription fees manually by a certain date.

All the payments are securely processed by Authorize.Net, a third party payment processing company.  Authorize.Net is responsible for processing and storing your financial data. If you wish to know how your financial data is processed and stored, please read Authorize.Net’s privacy policy and terms and conditions.

Free Trial

Bidsketch may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Bidsketch until after the Free Trial has expired. The day after the Free Trial’s expiration period,  you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected, unless you cancel your Free Trial before it expires. 

At any time and without notice, Bidsketch reserves the right to (i) modify the terms and conditions of the Free Trial offer, (ii) cancel Free Trial offer to those users who are found to be in breach of these Terms, or (iii) stop offering Free Trial offer, at Bidsketch’s sole discretion. 

Change in Subscription Plans and Fees

Bidsketch, in its sole discretion and at any time, may modify the Subscription plans and fees. We will notify you of any such changes. Any changes to Subscription plans or fees will take effect at the start of a new Billing Cycle.

Bidsketch will provide you with a reasonable prior notice of any changes made to Subscription plans or fees to give you an opportunity to cancel your Subscription before any such change becomes effective.

Your continued use of the Service after the Subscription plan or fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount starting from a new Billing Cycle.

The list of updated Subscription plans and pricing are available here https://www.bidsketch.com/pricing/.

Refunds

We do not issue refunds, however, we will consider issuing a refund if all the following conditions are met:

  1. a refund request is submitted within the first 30 days of Subscription, and  

  2. no documents, agreements and other legal instruments were executed using such Subscription. 

Your Content

Service users may upload, post, display, share and otherwise make available certain information, text, documents, graphics, videos, audio files, or other materials on or through the Service ("Content"). You are solely responsible for the Content that you upload, post, display, share or make available on or through the Service, including its accuracy, legality, and appropriateness.

By uploading Content to the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms below, and (ii) your uploading, posting, displaying and sharing Content on or through the Service do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing one’s copyright.

You retain any and all of your rights to any Content you upload, post, display, share or otherwise make available on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party uploads, posts, displays, or shares on or through the Service. However, by uploading Content to the Service you grant us the license of the right to use, modify, perform, display, reproduce, and distribute such Content on and through the Service solely for the purpose of delivering our services to you.

Electronic Signatures

Electronic signatures are valid and enforceable with consent of all parties in most industrialized countries, however, laws vary and exceptions exist. Common exceptions include, but are not limited to, wills, power of attorneys, documents that need to be notarized, real estate transactions, and adoption papers.

Keep in mind that electronic signatures are not the same thing as digital signatures. Digital signatures are sometimes referred to as certified electronic signatures, advanced electronic signatures, etc. Some countries deem digital signatures admissible and valid for almost all types of agreements because digital signatures can verify identity of a person.

Bidsketch is not responsible for determining whether any particular legal instrument is (i) subject to an exception to applicable electronic signature laws; or (ii) whether it can be legally formed by electronic signatures. It is your responsibility to make sure that laws of the country which govern your legal instruments and agreements deem electronic signatures admissible, valid and enforceable.

By using the Service, you hereby give your consent to executing agreements, contracts and other legal instruments using electronic signatures. 

The Service facilitates the execution of electronic or digital documents between Service users. Nothing in these Terms may be construed to make Bidsketch a party to any such documents processed through the Service, and Bidsketch makes no representation or warranty regarding the transactions sought to be affected by any such documents;

Service Account and Your Representations

When you create a Service account, you represent and warrant that you are 18 years of age or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

License to Use Service & Restrictions

License. Subject to the terms and conditions of these Terms, we grant you a non-transferable and non-exclusive license of the right to use the Service.

Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service; and (c) you shall not access the Service in order to build a similar or competitive service. Any future release, update or other addition to any of functionalities or content of the Service shall be subject to the terms and conditions of these Terms.

Moreover, you agree not to use the Service to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Service (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Service or servers or networks connected to the Service (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Service.

Ownership of Service 

We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Service. The Service is licensed to you; this means that the Service is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Service. The logo and other names associated with the Service belong to us or our licensors (if any and where applicable) and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bidsketch.

Links to Other Web Sites

Our Service may contain links to third party web sites, products or services that are not owned or controlled by Bidsketch. Bidsketch has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web site or service. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Bidsketch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party web sites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, but not limited to, for a breach of any provision in these Terms.

If you wish to terminate your account, you may do so at any time through your account’s settings.

All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Bidsketch, its directors, employees, partners, agents, suppliers, or affiliates, and Service users from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your a) access  to or use of the Service, by you; b) breach of these Terms, or c) Content uploaded, posted, displayed or shared on or through the Service.

Limitation of Liability

In no event shall Bidsketch, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any Content found on the Service; (iii) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not it or they had any knowledge, actual or constructive, that such damages might be incurred.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Bidsketch, its subsidiaries, affiliates, or licensors do not warrant that a) the Service will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Consent to Electronic Notices

You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Service. Notices hereunder shall be invalid unless made in writing and given (a) by Bidsketch via email (to the email address that you provide), (b) as a post on the Service or (c) by you via email to support@bidsketch.com or to such other email addresses as Bidsketch may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and you regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Compliance with Electronic Signature Laws

The Service is compliant with the strictest electronic signatures laws: 

a) EU Electronic Identification and Authentication Services Regulation (910/2014/EC), commonly referred to as eIDAS, which took effect on July 1, 2016 and replaced both EU Directive on Electronic Signatures 1999/93/EC and other EU member state laws that were inconsistent with eIDAS; 

(b) Electronic Signatures in Global and National Commerce Act, which is commonly known as the ESIGN Act of 2000 (the USA federal law); and 

(c) Uniform Electronic Transactions Act, also known as UETA of 1999 (the USA law). 

Modifications to Service

We reserve the right, at any time, to modify, suspend or discontinue the operation of the Service, or any parts thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of operation of the Service, or any part thereof.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any modifications become effective, you agree to be bound by the modified terms. If you do not agree to the new terms, you are not authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Earthlingsoft LLC (DBA Bidsketch)
12042 SE Sunnyside RD
Portland, OR 97015
phone: (503) 420-8266

Effective Date

These Terms of Service were last modified on the 22th of May, 2018.