By using the Service offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
"Company", "isubTECH" ("us", "we", "our" and "ours") means isubTECH, Corp., registered at 11 Flora Spgs, Irvine, CA 92602, U.S.A. "Customers" means any person or Company who submits or publishes a job on the Website for Trade Professionals to quote on. "Job" means project/job submitted by a customer via our service. "Users", "You", means anyone making use of the isubTECH Services. "Service" means any procedure or service that is provided by isubTECH to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email. "Trade Professionals", "providers" and "Tradespeople" means any business who registers on the Website in order to quote for work posted by Customers. "Trade Membership" means that a Trade Professionals has an active subscription to receive leads, within their defined working area and for their selected skills and trades. "Website" means the website isubTECH.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. "Service Agreement", means any agreement reached between a providers and a customer on the services to be performed. A service agreement can be reached by a verbal exchange in person, via telephone, via an email or in the form of a written statement or contract.
Governing Law & Jurisdiction
These Terms and Conditions shall be governed by the Federal Arbitration Act and the internal substantive laws of the State of California, U.S.A., Regardless Of Your Country Or State of Origin Or Where You Access The Site, and regardless of any principle of law that may provide for the application of the law of another jurisdiction.You agree that any claim or dispute you may have against isubTECH or an Affiliate must be resolved by a court located in Orange County, California, or as described in the “Mandatory Arbitration” subsection below. You hereby submit to the exclusive personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, you and isubTECH retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below including any provisional relief required to prevent irreparable harm.
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.
isubTECH provides an online marketplace for Trade Professionals in the field of computer and electronic products design and manufacturing, 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, isubTECH 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 isubTECH, you acknowledge that isubTECH 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 Trade Professional and to negotiate the terms for any work that they undertake, and isubTECH will not be involved or held liable for any Service Agreement between the Customer and Trade Professional.
We recommend that any Customer, before entering into a Service Agreement with any Trade Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of not obtaining or verifying these details, isubTECH will not be liable.
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 isubTECH, 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 isubTECH does not control, and is not responsible for content made available through the service. Furthermore, the isubTECH site and content available through the Service may contain links to other websites, which are completely independent of isubTECH. isubTECH makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
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 isubTECH 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 isubTECH.
You acknowledge that isubTECH does not pre-screen or approve all content, but that isubTECH 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.
isubTECH 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 isubTECH 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 organisations and individuals
Your interactions with organisations 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 organisations and/or individuals.
You agree that isubTECH 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 isubTECH is under no obligation to become involved.
In the event that you have a dispute with one or more other Users, you hereby release isubTECH, 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.
Payment Terms & Refunds
If you are a Trade Professional, you agree to pay isubTECH a success fee for any work secured through our service. Work will be considered to be secured if after quoting, messaging or contacting the client via the website you are paid for some or all of the job advertised or similar or related work.
The success fee is calculated as 4% of the total value of the job. Our success fee invoices have payment terms of 14 days from date of issue. Since it is impossible for us to track when work is done and Trade Professional are paid we cannot wait until you have been paid for the work. Refunds will be given for success fee payments usually only if the job has not actually been secured. You agree to pay the success fee even if your membership has expired
Provider shall make all payments relating to, or in any way connected with, a Service Contract (including, without limitation, bonuses) through the isubTECH Platform. Any action that encourages or solicits complete or partial payment outside of the isubTECH Platform is a violation of this Agreement. Should a Customer or Provider (including an Agency) be found in violation of this section of this Agreement, it will owe isubTECH an amount with respect to each Service Contract equal to the greater of a) $2,500; or b) the applicable fees had the payments been processed through the isubTECH Platform, plus 18%.
Notwithstanding the provisions set forth above, Users may agree to provide or receive Services outside of the isubTECH Platform with Users identified through isubTECH. If the Services are rendered more than three (3) years after the Customer identifies the Provider throughisubTECH, no isubTECH Fees or buyout provisions apply. If Services are rendered outside of isubTECH less than three (3) years after the Customer identifies the Provider through isubTECH, payments for such Services will not be subject to the isubTECH Fees, provided that the Customer pays isubTECH a "Buy-Out" amount in accordance with the procedure set forth below:
- Prior to contracting outside of isubTECH to receive Services from a User identified through the isubTECH system, the Customer will notify isubTECH in writing of its intent to pay the Buy-Out fee in lieu of the isubTECH Fees.
- The Customer will provide a good faith estimate of the then anticipated amount to be paid to the Provider for such Services during the fifty-two week period immediately following the date of such notice.
- The Customer will pay or authorize isubTECH to deduct from its account the greatest of (i) fifteen percent (15%) of the good faith estimate described above; (ii) fifty-two (52) times the "Average Weekly isubTECH Fees" (as defined below); or (iii) five hundred dollars ($500). For purposes of the foregoing, the "Average Weekly oDesk Fees" means the average weekly amount of isubTECH Fees that became due to isubTECH based upon work performed for Customer by the Provider over the four (4) weeks immediately preceding the buy-out notice described above, not counting any weeks in which no isubTECH Fees became due.
If Customer fails to pay amounts due under this Agreement, whether by cancelling Customer's credit card/ACH information, initiating an improper chargeback, or any other means, Customer's isubTECH account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, Customer must reimburse isubTECH for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys' fees and other costs of collection as allowed by law. In its discretion, isubTECH may setoff amounts due against other amounts received from or held for Customer, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Hold on funds
In cases of fraud, abuse or violation of this Agreement, the isubTECH Payment Guarantee shall be revoked and all monies due to the Provider may be held and/or reclaimed, not just those from the Contract(s) under investigation.
For Hourly-Rate Contracts only, Customers may dispute hours during the dispute period following the close of a weekly invoice period. It is the Customer's responsibility to review the Work Diary and Time Log of every Service Contract on a weekly basis and to file any disputes on a timely basis. Once the dispute period has passed, the charges are accepted by the Customer and can no longer be disputed and can only be refunded by the Provider. Disputes can only address the hours billed, not the quality of the work performed or deliverables. isubTECH will promptly investigate the Time Log to determine, in its sole discretion, whether an adjustment is appropriate. isubTECH's determination shall be final.
Any contact details given will not be displayed on the site or used for marketing purposes. It is your responsibility to ensure that you have the referee's permission to give their contact details to isubTECH.
It is the responsibility of the Trade 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.
Trade Membership is paid for on a subscription basis in advance. Refunds will not be given. If you set up an online payment agreement, we will automatically take payment from the bank acount, credit or debit card used to set up the online agreement 3 days before the renewal date of your Trade Membership. We will contact you via your registered isubTECH email address 7 days prior to the renewal date to say that your trade membership is about to renew. You must close your account if you do not want your membership to renew. isubTECH will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date.
isubTECH reserves the right to change the price of the Trade Membership at any time. Any change in price will be communicated to you in advance. If you do not wish to be bound by the new Trade Membership price, you may close your account before the change comes into effect. Your continued use of the Service after this date will constitute an acceptance of the new Trade Membership price.
You agree that having a Trade membership does not remove isubTECH's right to Limit or Terminate your services.
You agree that isubTECH has the right to change the features and privileges of Trade Membership.
Each job posted on isubTECH is allocated to a small number of tradespeople based on proximity to the job and relevancy to the tradesperson's selected trades.
Some Trade Memberships have a lead guarantee. If you have a lead guarantee, we will inform you what your guarantee is before your membership is due for renewal and display it on your Membership page.
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 7 days overdue your account will be automatically restricted.
Refunds may occasionally be offered in other circumstances at the discretion of isubTECH.
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 $35 administration fee.
All Trade Professionals will be subject to feedback evaluations from Customers if, after expressing interest, a Service Agreement is reached to carry out some or all of the job advertised or similar or related work.
Trade Professionals understand that isubTECH is not responsible for the feedback 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, isubTECH may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to a Trade 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.
isubTECH 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 Trade Professional to pay any associated success fee.
You acknowledge that isubTECH 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 isubTECH has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that isubTECH reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that isubTECH 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.
Termination of service
You agree that isubTECH, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if isubTECH believes that you have acted inconsistently with the letter or spirit of the terms.
Further, you agree that isubTECH 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.
isubTECH 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.