Terms and Conditions of Use
Building Design Experts is a website that focuses on the building and construction industries. The web site and its related services, products, websites, tools and applications (including without limitation any podcasts, jobs, events, blog posts, magazines, webinars, social media and YouTube) is owned by Building Design Experts LLC.
For the purposes of the Terms and Conditions of Use, the following shall apply:
“Affiliate” means any 3rd party entity that is in a marketing or sales related agreement with Building Design Experts.
“Client” means any individual or entity using the Site to search, seek and/or obtain expert or freelancer services, or recruit employees.
“BDE” is an abbreviation for Building Design Experts, LLC., a New York registered corporation. In this agreement we may reference this as “we, our or us”.
“Freelancer” means any individual or entity using the Site to promote themselves and/or provide Freelance Services to Clients.
“Design Work” means any services provided by Freelancers.
“Intellectual Property Rights” means all patent rights, copyright rights, rights of publicity, trademark, service mark rights, goodwill, trade secret rights and other intellectual property rights and all applications thereof under the laws of any state, country, territory or other jurisdiction.
“Site” means, collectively, our website located at buidlingdesignexperts.com, all affiliated websites and applications, including mobile websites owned and operated by BDE.
“Loss” means any loss, liability, cost (including legal costs of any kind), charge, expense, tax or damage of any nature whatsoever, including but not limited to lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
“Marketplace” refers to the service available on the Site where clients can post work and freelancers can make proposals and bids on such jobs.
“Product or Service” means any product or service that is offered by BDE on the Web site, mobile web site, via messaging or any digital format, or by any means in the physical world.
“UGC” means User Generated Content.
“User Generated Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, or other information that you post to any part of the Site or provide to BDE, including information that is posted in a community forum or email discussions.
“You” means any person who accesses the Site.
3. Data and Privacy
BDE users must create a secured account before creating profiles, interacting on the forums and/or sharing information on the site. BDE required that before entering into the freelance Marketplace (and thereby availing of the website escrow system) your account must include national/international identification. BDE advises that users protect their login details so as to secure information you have stored on the site. BDE cannot guarantee the total security of any information you transmit to us online. We are committed to maintaining security of all information and the site. We ask users to inform BDE if users notice any issue related to data security.
4. Limitation of Liability
We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Website updated. We do not accept responsibility for injury, Loss or damage suffered as a result of reliance by you on the accuracy or currency of information contained on this Website.
The information provided on any part of this Site is not, and is not intended to be, professional advice which can be used as cause or the basis for litigation. You should not act or refrain to act on the basis of any of the material on this Site without first satisfying yourself as to the truth or accuracy of all information given.
You agree to indemnify and hold us and our related entities, related bodies harmless from and against any actions, claims, demands, proceedings, injury, Loss of every kind (including legal costs), due to or arising out of any breach by you of these terms and conditions, any breach by you of any warranty provided in these terms and conditions, any claim made against us by a third party arising out of or in connection with the User Generated Content including (without limitation) any claim made against us, for actual or alleged infringement of a third party’s intellectual property rights; or in respect of the User Generated Content being defamatory. We reserve the right to withdraw our services without notice and do not accept liability for any Loss incurred due to sudden loss of service.
Products and services referred to on our Website are for your information only, and we advise that you exercise your own judgement before deciding to use a product or service advertised or referred to on our Website. You acknowledge that the publication of details of goods and services on the Site does not constitute any form of endorsement by us.
Breach of any of the terms and conditions is cause for removal of access to the Site, Product or Service. BDE does not accept any liability for any loss or damage suffered by you as a result of agreeing to these terms of service or due to use of this Site.
5. User Generated Content
If you provide us with User Generated Content (UGC), you are granting us an unconditional, irrevocable, worldwide, perpetual, transferable, non-exclusive license to use, reproduce, commercialize, modify, adapt, publish, transmit, distribute, communicate, translate, display and create derivative works of that UGC, in connection with the Services (this includes without limitation the right to use it across all mediums and authorize other Users and third parties to view, access, use, download and/or transmit your UGC). We also reserve the right to cut, crop, edit or refuse to publish your UGC.
By providing BDE with UGC you grant us a royalty-free license to use your name, image, voice and likeness (as applicable) in connection with the UGC to identify you as the UGC creator or owner. In the process of providing us with UGC, you warrant that you own or have the necessary license and/or rights to post such UGC and that any UGC you provide us with will not infringe any rights of any third party (including intellectual property rights or confidentiality obligations) nor give rise to any liability to make royalty or other payments to any third party. In addition, in providing UGC, you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also warrant that the third party also consents in the same manner. Furthermore, if UGC is created on the Site, all rights granted to the UGC under these terms and conditions will also apply to third party services that are integrated with the Services, other Users may be able to also extract such UGC and you are solely responsible for the accuracy, completeness or otherwise of any UGC and we will not be liable in any way for any UGC.
5.1 Limitations on User Generated Content
You represent and warrant that the UGC is not in breach of these terms and conditions, is not libellous, defamatory, unlawfully discriminatory, insulting or otherwise objectionable and you acknowledge that we will not be liable for any defamatory, offensive or illegal UGC.
You warrant and represent that the UGC does not contain other people’s personal information without their consent, does not attempt to endanger minors, contains no inappropriate language or imagery including without limitation the following; hateful content including hate speech, sexually explicit content, harmful or dangerous content including content that aims to encourage dangerous or illegal activities, violent or graphic content including anything that may shock or disgust other website users, harassment, threats and cyber-bullying and any other content we consider inappropriate at our discretion.
You warrant and represent the UGC abides with any user policies we make available on the Services from time to time; and contain no discriminatory content or other prohibited content that we make known from time to time.
We reserve the right at our discretion to modify, refuse or delete any UGC that is in breach of these terms and conditions or that we believe is not relevant, or of any value to our Services or our Users. We will not be responsible for any Loss you suffer as a result of this.
In the event that other users make content available to you through our Product or Service, you acknowledge that this content is not the responsibility of BDE and is not endorsed by us. We do not attempt to verify the accuracy or completeness of such content and any decision you make to follow or not content is at your own risk. You solely are responsible for any assessment of any content and you may only access and view the content for your own information and personal use.
Additionally you warrant and represent that any UGC you post does not contain any harmful or malicious computer code, viruses or other means that may impact or disrupt the Site or any Product or Service.
For any violation(s) of the above terms of UGC that incurs a Loss by BDE, we have the right to take legal action to recoup any and all damages including physical, reputational, monetary, technical, penalties, fees, and lawsuits by 3rd parties.
6. BDE Produced Content
6.1 Intellectual Property Rights
All intellectual property in this Website, including graphics, design, text, logos, icons, domain names, software, configurations, user flows, and technical architecture are the sole rights of BDE.
You may not adapt, copy or reproduce information presented in this site. You may not use any content from the Site for commercial use or distribute, remove any credits, create derivative works or commercialise any information without our prior written permission.
6.2 External Links
External websites are regularly linked in the forums, BDE content, blog and other sections of the site. Building Design Experts LLC takes no responsibility and accepts no liability arising from misinformation, content or privacy issues associated with any such links.
We operate what is termed as a freelance marketplace. It is a platform where any freelance expert who is not otherwise legally obstructed from doing so, can find projects and clients (project providers) can find/hire freelancers/experts. Clients and freelancers agree on milestones/project deadlines to be completed at a certain fee and within a certain agreed time period. After a milestone or deadline is agreed the client’s money will be released from escrow. Additionally, both the client and freelancer may leave reviews of each other. BDE earns a commission from any projects awarded and completed using the Marketplace.
We are committed to best efforts in providing professionals with the highest credentials and connecting you with verified, reliable clients. All users of the site, including but not limited to clients, freelancers, and forum users are legally bound, by the terms and conditions agreed to by using this site, to not knowingly or intentionally provide information that misrepresents their professional, credentials or experience in any way. We endeavour to ensure that all clients have access to the best building experts, and that experts are working with reliable and trustworthy clients. Before gaining access to the freelance marketplace, all clients and experts must submit sufficient identification for security purposes. For freelancers, this shall be a form of government issued ID. For clients this shall be a Federal EIN or your country’s registered business ID number, along with your official business address.
However, BDE does not make any representations or guarantee about the truth or accuracy of Freelancers or Client profiles or other User Generated Content. BDE only enables a Web Site and marketplace to enable Freelancers and Clients to find and transact directly with each other. Users are solely responsible for evaluating and determining the suitability of any project, client or freelancer. If Users decide to enter into a professional services contract, it is solely between the parties and BDE is not a party to the contract.
You acknowledge, agree, and understand that BDE does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any work or service performed, cost control or project timeline. BDE does not guarantee a specific standard of work produced by any user of the site. Furthermore, BDE makes no representations or guarantees, and you agree not to hold us responsible for the quality, safety, or legality of any services or work provided by freelancers or the ability or willingness of a Client or Freelancer to actually complete a transaction.
You acknowledge, agree, and understand that BDE is not a party to any dealings between Client and Freelancer. Users are solely responsible for: (a) ensuring the accuracy and legality of any content or work provided; (b) vetting freelancers or clients, such as evaluating them through background checks, interviews, or any screening measures); (c) negotiating, agreeing to, and executing any terms or conditions of contracts; (d) performing any freelancer work or services.
All transactions are conducted at your own risk. BDE makes no warranty regarding transactions conducted through our website. Any warranty provided by any other party is provided solely by said third-party not BDE.
You may not do (or omit to do) anything that may undermine the feedback systems on BDE. We reserve the right to suspend or terminate an account at any time if we determine that your feedback or review may be in breach of our Terms and Conditions or in any way subverted them. You acknowledge that you transfer copyright of any feedback, comments, or reviews you make along with any numeric rating.
Freelancer feedback ratings are exclusively owned by BDE and may not be used for any purpose other than facilitating the use of the Marketplace via this Website. You may not edit them or misrepresent them in any way on your own Website, app, advertising, any other promotional materials, or any 3rd party site. You may however, link directly to your reviews on the Site from your own Web Site, advertising, app or a 3rd party site of your choosing.
7.2 Fee Structures and Payments
We operate a third party escrow system on the Site to facilitate the Marketplace. We hold funds provided by clients whilst the project is ongoing and distribute them at the time the project is completed. By entering into a transaction on the Site, you agree and consent to the use of the indicated Escrow Service. This includes an agreement to provide payment via the escrow system provided on the Site. You agree to share with the Escrow Service any information related to you and the relevant transaction. By entering into a transaction you affirm that you have read and agreed to the escrow relevant terms or agreements for use.
7.3 Transaction Disputes and Conflict Resolution
We encourage all Site users, including freelancers and clients, use clear, unambiguous language, clearly specifying the expectations for the milestone/project delivery, including but not limited to timeline, standard of work, form of delivery and required communications, if any, during the period during which the project is being completed.
In the event of a dispute arising between a freelancer and a client for work agreed upon on the Marketplace, we first ask that you work together in good faith to solve the dispute. If the dispute cannot be solved in this manner, BDE professional credentialed experts with knowledge of the industry and typical industry standards will facilitate resolution. In this event, BDE may ask for material submitted as part of the project, correspondence between both parties, after, during and prior to commencement of the project relevant to the dispute in question. While we make every attempt to reconcile any dispute, you acknowledge and agree that BDE, in our sole discretion, has the right to decide the outcome. By using the Marketplace, you consent that BDE's decision is final and you will fulfil the terms of the transaction in line with our ruling.
7.4 Evasion of BDE Fees and Circumvention
BDE provides access to the Website, the Marketplace, and its content. We are compensated via commission, for any projects awarded or experts found through our website. You agree to not circumvent our service, our commission, nor enter into any non-Marketplace financial agreement with any expert or client discovered on this Site, for a period of one year from the date of initial contact with any party on the Site. Any violation of this agreement will result in permanent deletion of your account by BDE and subject to a $30,000 penalty fee.