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This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by eprojX.co.uk, a wholly owned subsidiary of Trimast Systems Limited (herein referred to a the parent company). Applicants (herein referred to as 'members') must agree to the following Terms and Conditions. In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to eprojX.co.uk, eprojX.co.uk may terminate the participation of such member in the service and or may withhold any payments relating to participation in the service due to such member from eprojX.co.uk. Within these terms and conditions any reference to a developer or project owner wishing to withdraw funds from their member account is only applicable at such time as when the eprojx.co.uk service provides the facility to allow developers to be paid via the eprojx.co.uk service, through member account to member account transfer. At the time of publication of these terms and conditions, this service is currently not available. eprojX.co.uk shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. Each member is authorized to create only one members account either as a Project Owner or as a Developer at any given time. You are strictly prohibited from creating member accounts as both a Project Owner and a Developer or creating multiple member accounts under different member names, identities and business entities. Any violations will result in full suspension of your member account(s) without further notice. :: Removal from the eprojx.co.uk service eprojX.co.uk reserves the right to terminate the participation of any member or site without reason but expressly including any member site that eprojX.co.uk judges to be in violation of these Terms and Conditions. Members in violation of eprojX.co.uk's Terms and Conditions will be immediately deactivated. eprojX.co.uk may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from eprojX.co.uk. Members accounts that are terminated by eprojX.co.uk for any reason other than violation of these Terms and Conditions, will be entitled to receive any payment due from eprojX.co.uk. members may not use the eprojx.co.uk website to post offensive or abusive material nor to make any kind of defamatory remark concerning other eprojx.co.uk members. If you have any concerns or complaints about any other eprojx.co.uk member please contact the service manager webmaster@eprojx.co.uk eprojX.co.uk will typically print and mail cheque's at the member request on the condition that their account balance is equal to or greater than £30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in GBP (Sterling). If eprojx.co.uk suspects the source of funds to be fraudulent then eprojX.co.uk reserves the right to suspend any withdrawal. 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 eprojX.co.uk account or face account termination. The eprojx.co.uk service also reserves the right to charge the member any costs incurred by eprojx.co.uk or its parent company due to the fraudulent transaction. As previously stated, any member site that eprojX.co.uk removes from the service due to violation of the Terms and Conditions will receive no credit or payment. eprojx.co.uk expressly forbids the posting of copyright material and as such copyright material may not be posted on eprojX.co.uk. This includes but is not limited to scripts which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A "section" is defined as no more than 10% of the script's contents and only under the express permission of eprojx.co.uk. eprojX.co.uk reserves the right to change the member Terms and Conditions at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event eprojX.co.uk offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties. Members agree that all information contained on the eprojx.co.uk website, or any website operated by eprojX.co.uk, and all information compiled by eprojX.co.uk through the eprojx.co.uk website or websites operated by eprojx.co.uk is the proprietary information of eprojX.co.uk. Personal information provided by members to eprojX.co.uk will be kept confidential and will not be distributed to any third party. Members agree not to post their e-mail address on the site, except in the "e-mail" field of the sign-up form, or when asked by eprojX.co.uk at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a programmer, or you are the programmer chosen for a project, and before that time you can use the message board to communicate. This clause includes but is not limited to e-mail addresses, and all methods of communication, to include phone, ICQ, AIM, MSN Messenger, etc. Further details as to the inclusion of this clause can be found under "Avoiding Commissions" below. :: Providing Contact Information You are prohibited from making direct contact with another member, unless it's for a project you as a developer have been picked for, or you as a project owner have picked a developer for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. eprojX.co.uk provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the webmaster has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. Note that the eprojX.co.uk system does not distinguish between featured and non-featured message board posts, so you will still get a warning when submitting an e-mail address, even if the project is featured. :: Avoiding Commission Payments You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of eprojX.co.uk) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a programmer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying eprojX.co.uk if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a programmer requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the programmer has failed to notify eprojX.co.uk staff of a payment received above the amount of his bid (a total payment above US£100), eprojX.co.uk reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on eprojX.co.uk. Under no circumstances must developers submit a deliberately misleading or false bid in an attempt to win a project and then re-negotiate their fee directly - deemed to be outside of the eprojx.co.uk website and service, with the Project Owner. You are strictly prohibited from attempting, by whatever means, to negotiate the fee for a project with another member directly during the bidding period (before a developer has been selected by a project owner). This condition additionally applies to any project which has been closed without a developer being selected. Should any member approach you in such regard, you are obliged to report the matter to the webmaster@eprojx.co.uk immediately. The eprojx.co.uk website is closely monitored at all times and any attempt to defraud eprojx.co.uk will result in immediate termination of the relevant member(s) account(s), permanent banning of the member(s) from the eprojx.co.uk website and may also lead to legal action against the member(s) involved, due to a breach of contract as implied by your members account registration, which electronically signifies your acceptance of these terms and conditions. This condition furthermore ensures that both parties are responsible for notifying eprojx.co.uk if the payment amount for a project increases above the initial agreed bid amount, after the project is closed. Receiving or paying a larger amount than the original agreed project bid, without notifying us, will be considered an attempt to defraud eprojx.co.uk of commissions. This condition shall remain in-place for a period of 12 months from the original bidding closing date for the said project. Members are required to pay all amounts owing to eprojx.co.uk within 30 days of such amounts becoming due for payment. Any amounts still outstanding after such period will result in the immediate suspension of the member's account and may also lead to legal action. Developers can only place bids for the total cost of the project if awarded to them. Developers are not allowed to post an hourly bid or any other abnormal type of bid. This additionally applies to project owners too. Project owners cannot create projects that directly or indirectly require programmers to place hourly or other abnormal bids. The only exception, for both webmasters and programmers, is when the project is featured. This condition is here to prevent abuse of the "Featured project" feature on eprojX.co.uk. The maximum amount of money a programmer can receive for a Featured project, through the eprojX.co.uk system, without being charged a fee, is £1,500. Any amount received above £1,500 will be subject to a reduced commission rate of just 2%. Members are aware that by awarding a project to a Developer via the eprojx.co.uk website and the Developer accepting such offer, both parties (Developer and Project Owner) are entering into, and will be bound by, a legally enforceable contract. You cannot withdraw from a project once you have given your agreement via eprojx.co.uk except by mutual consent with the other party. At no time shall eprojx.co.uk or its parent company be included in any legally enforceable contract between a developer and project owner. Furthermore, in the event of a breach of contract by either party (developer or project owner), eprojx.co.uk or its parent company can not be found liable for any damages awarded. All requested projects, descriptions and bids are subject to eprojx.co.uk' approval. eprojx.co.uk reserves the right to reject, cancel or remove any projects, descriptions and bids at any time for any reason whatsoever. :: Advertising on eprojx.co.uk You are prohibited from advertising your website in the eprojX.co.uk marketplace. Any URL posted in a bid, project description, or the message board, must relate to a project on eprojX.co.uk. eprojx.co.uk does however concede that it is common practice for developers to wish to demonstrate their work. In this case eprojx.co.uk does allow developers to provide a link to their listing within the eprojx.co.uk directory. eprojx.co.uk reserves the right to remove any link to a listing within the eprojx.co.uk directory if it is believed to be in breach of this clause, without any prior notice. Any company who wishes to advertise their website via eprojx.co.uk, can do so through submitting their website to our directory or through the utilisation of our paid advertising service in which case the developer is requested to read our advertising page in order to see what website advertising options we have available. Click here for more details. :: eprojX.co.uk - our role in providing our service eprojx.co.uk functions as a venue to connect Project Managers and Programmers in a virtual marketplace. As a neutral facilitator, eprojx.co.uk is not directly involved in the actual transactions between members of it's website. As a result, eprojx.co.uk has no control over the truth, accuracy, quality, legality, or safety of postings made by it's members. Furthermore, eprojx.co.uk cannot and does not, confirm the identity of members, nor confirm nor verify the qualifications, background, or abilities of it's members. We therefore recommend that you exercise due diligence when dealing with any member on the eprojx.co.uk website. Members are strongly urged to read the member Guidelines before entering into any transaction via the eprojx.co.uk website. If you have any concerns or complaints about any eprojx.co.uk member please contact the webmaster@eprojx.co.uk. eprojx.co.uk cannot refund any monies transferred (erroneously or otherwise) to, and withdrawn by, another member via the eprojx.co.uk payment system and will not be held liable for any financial loss resulting from the use or misuse of the eprojx.co.uk payment system. All financial transactions which take place on the eprojx.co.uk website are made at the member's own risk. However, whilst under no obligation to do so, eprojx.co.uk will, without prejudice, make every effort to mediate in any dispute, financial or otherwise, that may from time to time arise between it's member's. You are encouraged to report any irregularities, breaches of these Terms and Conditions and or any other contentious matters to the webmaster@eprojx.co.uk as soon as possible. We thank you for choosing the eprojX.co.uk service and we look forward to a mutually successful business relationship.
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