Terms and Conditions
Users agrees to review this Agreement prior to first sign up and agrees to the terms and conditions outlined in this online Agreement with respect to the goods, services and information provided by or through the website. This Agreement constitutes the entire and only contract between FIRMOGRAM and the users, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the website, and the subject matter of this Agreement.
Eligibility for Users
This website is available only to individuals over 18 years of age and businesses that can form legally binding contracts under applicable law. Anyone using our services must have the authority to bind the buyers or sellers to a contract. If you do not meet all of these eligibility requirements, please do not use the website. We reserve the right to disapprove, curtail or terminate your use of the website at any time, for any reason and in our sole discretion without notice to you. YOUR USE OF THE WEBSITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY.
Supplier User Services
FIROGMRAM website services include providing a Business to Business (B2B) marketplace with the ability to: (1) create “service requests” or “Request for Quote” or “RFQ” which refers to the proposing of a sum of money in exchange for a business service or products; (2) the ability to issue a quote for the requested service; and (3) facilitate communications between service buyers and service providers.
Issuing a Service Request or RFQ
Placing a service request or RFQ does not mean entering into a binding legal Agreement with the service suppliers. The requests, however, have to be posted in accordance with the terms stated in the item listing and the rules of this website. Offers are an irrevocable proposal to buy the service at the price of the offer, provided it is accepted at the close of the time period suggested in the request form. After your offer details are posted to the website and thus sent to the suppliers, you will not be able to amend your description of the parameters until the offer has either been accepted, rejected or expires. Supplier have less than seven (7) days to issue quotes and buyer have 48-hour time limits accept (or reject) a quote. If buyer opt to not take action on a quote, it will be deemed expired after the 48-hour period elapses. Upon acceptance of the quote, any failure by a service buyer or service supplier to honour the terms set forth in the creation of RFQ can result in the disapproval, curtailing or terminating of your use of the website at any time. If your offer is accepted by the service supplier, your purchase may not be retracted without permission.
Issuing Quotes or Offer of Services
Service suppliers can purchase the right to issue quotes in accordance with the terms stated in the item listing and the rules of this website. Do not issue quotes until you are sure that you understand the full terms and requirement stated in the buyer service request. Purchasing a right to quote on RFQs are in form of a “Pay-per-quote” or “Membership Subscriptions” as defined in suppliers’ dashboard. Issuing a quote does not constitute your acceptance to entering into a binding legal agreement with the service buyer. Once a quote is issued and corresponding charges are deducted, it may not be cancelled or retracted without permission. The buyer is not obligated to grant permission to retract or cancel a quote, and it is not the duty of this website to request permission for a purchase retraction or cancellation. Any quotation and terms therein must be worked out between the service buyers and service suppliers with or without assistance from the FIRMOGRAM. By purchasing a subscription or “Pay Per Quote” credits, service suppliers authorize us to release their contact information that only include first name, business name, and address to the buyers who requested the service.
Communication Between Users
The buyer identity is not revealed to the supplier until they choose to do for the quote that has been offered by the supplier. After buyer issues a request or RFQ and upon approval from FIRMOGRAM, an email is sent to the relevant suppliers by revealing your first name only. As soon as supplier issues a quote, the identity of supplier is revealed to the buyer in form of their first name, last name initial, and business name and business website if applicable. Moreover buyer is able to view suppliers profile from “Suppliers Directory” link. The extent of information for each supplier in our website is depending on their type of subscription and willingness to provide more details about their services and products they offer. We, however, obliged suppliers to provide basic information about the name, location, website and category of their services or products. Upon receiving a quote from supplier, buyers and suppliers are responsible for contacting each other via their dashboard and by utilizing our messaging system to discuss specifics about the requested service. It is not our responsibility to arrange delivery of the service. Failure by you to honour good practice of the communication in a business professional manner may result in temporary or indefinite suspension from FIRMOGRAM.
Other User Responsibilities and Duties
You shall not circumvent, avoid, obviate, or bypass us, directly or indirectly, with regard to any transaction to avoid payment of fees and/or commissions in any transactions with the buyer and/or any corporation, entity, partnership, sole proprietorship, limited liability company/corporation, or individual in connection with any request or RFQ relating to the FIRMOGRAM website. We request that you alert us to any actions that interfere with the integrity of our service. If you suspect illegal activities, price or offer manipulation, fraud or multiple identities, it is important to provide us with this information immediately.
Buyer Right of Refusal
Service Suppliers understand and agree that a service buyer may refuse any quote at any time. This Right of Refusal exists as to all types of transactions on our website. Once supplier issues a quote, the buyer may exercises its Right of Refusal and you can not request FIRMOGRAM for a refund. We have unique refund policies and in exceptional circumstances that refund is possible, you may not be issued a full refund. Although a buyer may refuse quotes after initial acceptance, FIRMOGRAM recommends buyers exercise this right prudently. For more information on refunds, please contact us at firstname.lastname@example.org or +1 855 782 6882.
We only provide the marketplace and facilitate the link between service buyers and service suppliers. Our website provides information on participating suppliers and collects membership from participating service suppliers for the right to issue quotes and/or using our advanced marketplace analytics tools. FIRMOGRAM is not a party to the final contract that arises between buyers and suppliers of a specific service or product and cannot and does not guarantee the truthfulness or accuracy of any user. Our exclusive role in any agreement arising from a RFQ is to receive quotes from the supplier and to forward those to the buyers in consideration for the category or sub category of the requested service and parameters therein that are clearly specified in RFQ.
Fees for Services
Using our website is free to you. We only charge service suppliers when a quote is issued by them (service suppliers) through use of our website in form of “Pay-Per-Quote” or monthly/annual membership subscription.
Commission/Fees. When issuing a quote through FIRMOGRAM, we charge suppliers for a fixed payment per quote or based on a monthly subscription with limited or unlimited amount of issued quotes. You, as a buyer, do not pay supplier and receive quotes free of charge. Depending on type of agreement between us and service buyers or suppliers, for the use of our analytics tools and/or marketplace, FIRMOGRAM may deduct service contract fee or a commission from the total cost of the service which is paid by the buyers or suppliers.
Reimbursement. FIRMOGRAM will reimburse you in certain circumstances. Please contact us at email@example.com to learn more about reimbursement and for our Refund Policy.
Sales Tax. All prices quoted exclude taxes. All applicable taxes will be added on during service agreement between buyer and supplier outside this website. FIRMOGRAM will not be involved , neither is influencing in any forms, the terms and condition of service taxes and any financial or contractual agreement between buyers and suppliers. For pay-per-quote, analytics services, and/or membership subscriptions, we are required to collect Government Sales Tax (GST) and/or Harmonized Sales Tax (HST) based on the tax information provided by our users under Canadian law. We are required to collect taxes, even when a supplier does not provide their tax information, however a supplier may still have an obligation to pay other applicable taxes with respect to the sales or purchase of services from FIRMOGRAM (whether through us or otherwise). Although our service may be subject to a different provincial tax rate than yours, we are required to charge your provincial tax rate with respect to the use of FIRMOGRAM service. A full tax invoice will be issued to the users once payment has been made.
Our site acts as the venue for which registered suppliers list their services or products and for which registered buyers make offers. Our website only facilitate the communication between buyer and supplier and does not provide mean to buyers to purchase services from service suppliers. The website provides information on participating suppliers and collects payments for using our analytics or marketplace services. We are not involved in the actual transaction between suppliers and buyers beyond the request of services by buyers and issuing of quotes by suppliers and communications between buyers and suppliers. Therefore FIRMOGRAM cannot be held liable for the actions of the Users on the Site and/ or quality, delivery of the agreed services.
We do not control the information provided by other users that is made available through the site nor do we guarantee the quality, safety or legality of items listed by users or the truth or accuracy of listings and the ability of service buyers or suppliers to buy or sell services or products. We cannot ensure that a users will actually complete procurement of the services. You may find other user’s information to be offensive, hurtful, derogatory, dishonest or inaccurate. You should make whatever investigation you believe is necessary and appropriate before proceeding with any online or offline transaction with any third party. To the extent we list or link to any third party products or services on our site, our site is only the venue, and we are not involved in the actual transaction, and have no control over, and make no representations regarding, the quality, safety, legality, or accuracy of any of the services or products. By using this website, you agree to accept such risks and FIRMOGRAM is not responsible for the acts or omissions of users on the website.
We reserve the right, but not the obligation, to modify or cancel reservations where it appears that a customer has engaged in fraudulent, illegal, or other inappropriate activity, and to prohibit or restrict your participation or utilization of the site if you fail to comply with all Terms and Conditions contained herein as determined in our sole discretion.
Safe Transactions. In addition, because user authentication on the Internet is difficult, FIRMOGRAM cannot and does not confirm that each user is who they claim to be.
Release. If you have a dispute with one or more users, you release FIRMOGRAM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Dispute Resolution. FIRMOGRAM does not act as a mediator between buyers and suppliers over disagreements about requested services or products. If any aspect of the relationship with other users aggrieves you, it is your responsibility to contact us and evaluate the situation, and we reserve the right, but not obligation, to support you to resolve the dispute.
“Your Information” is defined as any information you provide to us or other users in the registration, bidding or service listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
With respect to Your Information (or any items listed therein):
(1) shall not be false, inaccurate or misleading;
(2) shall not be fraudulent;
(3) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(4) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising);
(5) shall not be defamatory, unlawfully threatening or unlawfully harassing;
(6) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (7) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs (Internet Service Providers) or other suppliers.
Breach, Suspension or Termination
Without limiting other remedies, FIRMOGRAM may limit your activity, immediately remove your item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
(a) your breach of this Agreement or the documents it incorporates by reference; (b) our inability to verify or authenticate any information you provide to us; (c) your provision of fraudulent information to us or our users; (d) if you have interfered with the integrity of the functioning of our site, including but not limited to price manipulation; or (e) our belief that your actions may cause legal liability for you, our users or us in its sole discretion, deems such remedy necessary for any reason.
If we choose to ignore any violation of this Agreement or other activities which could give rise to suspension or termination, such action or inaction on our part will not constitute a waiver of any of our rights including suspension, termination or otherwise.
Trademarks and Copyrights
The trademarks, algorithms, service marks and logos used and displayed on the website are claimed, registered, or unregistered trademarks, copyright and service marks of FIRMOGRAM. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any trademark, service mark or logo used or displayed on the website, without the express written permission of us. FIRMOGRAM disclaims any proprietary interest in trademarks, service marks, logos, domain names, and trade names other than its own.
FIRMOGRAM AND ITS SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL FIRMOGRAM OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of content, your breach of this Terms of Service or any other violation of the rights of another person or party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your offers on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and FIRMOGRAM are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to us shall be given by postal mail to FIRMOGRAM Analytics Inc, 210 3993 Henning Drive, Burnaby, British Columbia, Canada V5C 6P7 or by the email address you provide to FIRMOGRAM during the registration process (in your case). Notice shall be deemed given 1 business day after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, Notices via Canada Post shall be deemed given 3 days after the date of mailing.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of British Columbia, for any legal proceeding arising out of or relating to your use of this website or this Agreement. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.
Use of the FIRMOGRAM website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FIRMOGRAM web sites or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless specifically provided herein, this Agreement constitutes the entire Agreement between you and FIRMOGRAM with respect to your use of this website. This Agreement shall supersede all prior Agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this website except as specifically set forth herein.
Your Acceptance of These Terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this agreement, the practices of this site, or your dealings with this site, please contact us at firstname.lastname@example.org Or via:
FIRMOGRAM Analytics Inc.
3993 Henning Drive
+1 855 782 6882
This document was last updated on October 31st, 2015